Thus, substitute parental care becomes necessary. (a) Support Care Services. Kaisahang Buhay Foundation Incorporated is a private, non-profit child and family welfare organization duly licensed and accredited by the Department of Social Welfare and Development (DSWD). 67 of PD 603). 1882, enacted December 14, 1999) aims to assist youth aging out of foster care in the United States in obtaining and maintaining independent living skills. Fostering Definitions. – This Act shall be known as the "Foster Care Act of 2012." § 8-529; 2009 Ariz. Sess. EMMA LIRIO-REYESSecretary of Senate, (Sgd.) Section 5. Who May Be a Foster Parent. Holt and KBF support government foster care initiatives. (b) Additional Exemption for Dependents. For purposes of claiming the Twenty-five thousand pesos (PhP 25,000.00) additional exemption for foster parents for each dependent not exceeding four (4) as provided for by Republic Act No. Stat. Nebraska Children’s Home Society foster families provide a safe and loving home to children and also support and mentor a child’s parents and extended family members. Supervision of Foster Placement. With the passage in the Philippines of the Foster Care Act (FCA) in 2012, children suited for adoption now have a chance at finding a family atmosphere faster. 2. Section 30. Objectives. (c) The procedures for adoption, for purposes of this Act, shall be governed by Domestic Adoption Act of 1998 or Inter-Country Adoption Act of 1995, as the case may be. Section 3. As such, no other parent or foster parent can claim the said child as a dependent for that period. Section 22. Such sum shall be intended to support the foster care programs of the DSWD and agencies. Section 29. (e) Family refers to the parents or brothers and sisters, whether of the full or half-blood, of the child. The organization’s name, Kaisahang Buhay Foundation, stands for oneness within the family and meaningful life for the children it serves. Section 10. The families on KBF’s roster of foster homes are committed to provide love and care to a child or children not related to them. c. Presence of an environmental hazard to the foster child, #56 10th Avenue, Cubao, Quezon City 1109, Philippines, Tel. (l) Matching refers to the judicious pairing of a child with foster parent and family members based on the capacity and commitment of the foster parent to meet the individual needs of the particular child and the capacity of the child to benefit from the placement. Donors shall be exempted from donors tax under Section 101 of the NIRC of 1997: Provided, That not more than thirty percent (30%) of the amount of donations shall be spent for administrative expenses. Taking into consideration the stability and best interest of the foster child, a foster parent, who unilaterally terminates the LTFPA before the foster child reaches the age of majority or finishes tertiary education, shall make provisions for the education and basic needs of the foster child, in accordance with the standards in which the child has been raised or has become accustomed to, within the said period: Provided, That the faster parent has the means to support the foster child in keeping with the financial capacity of the family. chanrobles virtual law library. Placement. Foster care is defined as a loving alternative for children who cannot be cared for by their own families. Declaration of Policy. Phone call, office visit, attendance at KBF’s Foster Care Forum, Submission of completed Foster Family application form, Home visit by a KBF social worker, office interviews, collateral interviews. A foster parent may adopt his foster child subject to the following conditions: (a) The foster parent must have all the qualifications as provided for by Republic Act No. Section 9. Agencies can also apply for qualification as a donee institution. Issuance of License. 10165 or Foster Care Act of 2012. In accordance with the Local Government Code, LGUs shall primarily be responsible for social welfare services which include foster care programs. A foster child, through the agency, shall be entitled to a monthly subsidy from the DSWD, subject to existing government auditing rules and regulations. To recruit applications for foster care, the DSWD shall reach out to various communities and LGUs and work preferably with the Local Council for the Protection of Children (LCPC). Police Clearance or Barangay Clearance 4) Police Clearance from all places of residence in the past two (2) years immediately prior to residing in the Philippines. Since the placement of children with them is temporary, these families are able to handle the feelings of loss and separation that may occur when a child in their care is reunited with his or her family or is adopted. In all cases, the childs right to health shall be upheld and protected. (c) Any person, natural or juridical, other than the foster parent or any agency, violating any provision of this Act and its IRR shall be penalized with imprisonment of one (1) month to six (6) years, depending on the gravity of the offense or a fine of not less than Ten thousand pesos (Php 10,000.00) but not more than One hundred thousand pesos (PhP 100,000.00), or both, at the discretion of the court. The Federal Government Is Overhauling Foster Care. Poor health of a foster family member c. Presence of an environmental hazard to the foster child . Foster Care Committee. Philippine laws allow legal adoption of Filipino children. Appropriation. During this period, the foster child shall enjoy the rights of a child under Article 3 of the Child and Youth Welfare Code, and under other laws: Provided, That there shall be no mandatory rights of succession in favor of the foster child. projects, and school activities; provided that the foster family and foster care arrangements are in compliance with the procedures and requirements as prescribed by Republic Act No. Everyone agrees that America’s foster care system needs reform. Section 27. Matching shall be done by the agency only after the child case study and the home study have been conducted, save for exceptions to be determined by the DSWD, taking into consideration the best interests of the child. How can one become a foster parent : One does not have to be rich but should have … The law limits the amount of time a child may stay in foster care by establishing shorter timelines for determining when she or … chanrobles virtual law library TITLE III CHILD AND YOUTH WELFARE AND EDUCATION Chapter 1 ACCESS TO EDUCATIONAL OPPORTUNITIES ... it must be registered in accordance with Philippine laws. (o) Relatives refer to the relatives of a child, other than family members, within the fourth degree of consanguinity or affinity. More Information . Section 15. Section 23. #56 10th Avenue, Cubao, 209, otherwise known as the Family Code of the Philippines and other applicable laws, shall have suppletory application to this Act. Address: Ariz. Rev. MARILYN B. BARUA-YAPSecretary GeneralHouse of Representatives, (Sgd.) Incentives to Donors. b. 10165, OTHERWISE KNOWN AS THE FOSTER CARE ACT OF 2012 Pursuant to Section 28 of Republic Act No. It is hereby declared the policy of the State to provide every child who is neglected, abused, surrendered, dependent, abandoned, under sociocultural difficulties, or with special needs with an alternative family that will provide love and care as well as opportunities for growth and development. However, the national government shall provide financial support, priority given to third (3 rd), fourth (4 th) and fifth (5 th) class municipalities.1âwphi1. An older child may be taken into an institution for child care if a thorough case study indicates that the child derives more benefit therefrom.”, Children, newborn to two years old, whether healthy or with special needs who are in need of temporary care. Applicability of the Rule. The physical transfer of the child to the foster parent shall be allowed only after the FPA has been issued, save for exceptions to be determined by the DSWD, taking into consideration the best interest of the child. The DSWD requires foster homes/families to be licensed, as required by law (Art. (b) Qualification as a Donee Institution. (i) Must not already have the maximum number of children under his foster care at the time of application or award, as may be provided in the implementing rules and regulations (IRR) of this Act. A foster parent must possess all the qualifications as provided for in Republic RA No. For more information, contact KBF at: #56 10th Avenue, Cubao, Quezon City 1109, Philippines. States Aren't Ready. (p) Social Worker refers to the registered and licensed social worker of the DSWD, local government unit (LGU) or agency. It involves a transfer of parental rights and obligations and provides family membership. KBF’s Foster Care Service provides temporary substitute family care for children-newborn to two years old-when their birth families cannot take care of them, either temporarily or permanently. Matching. Assistance to a Foster Child. States parties shall, in accordance with their national laws, ensure alternative care for such a child. LTFPA grants the foster parent custody over the foster child without the requirement of the eventuality of adoption of the latter by the former. Quezon City, Philippines 1109, Phone: (02) 912-1160 BENIGNO S. AQUINO IIIPresident of the Philippines, The Lawphil Project - Arellano Law Foundation. Recent family picture (4″ x 6″ or larger), Submission of recommendation to the Department of Social Welfare and Development for the In case of incident, injury or death of a foster child, or if he runs away or gets lost, such case shall be reported immediately to the agency, which, in turn, shall immediately report the same to the DSWD. This is to ensure that the animal has recovered from any sickness, and has been vaccinated. 7610, otherwise known as "An Act Providing For Stronger Deterrence and Special Protection Against Child Abuse, Exploitation and Discrimination, Providing For Its Violation, and For Other Purposes", and other applicable laws. Email: firstname.lastname@example.org. 8043, otherwise known as the Inter-Country Adoption Act of 1995, as the case may be; (b) The trial custody, as required in adoption, may be waived: Provided, That a harmonious relationship exists between the child and his foster parent and family members; and. Long-Term Foster Placement Authority. Definition of Terms. licensing of the foster family applicant, Step 6: Issuance of Foster Family Care License by the DSWD. (+63)2-912-1159 Republic Act No. (n) Placement refers to the physical transfer of the child with the foster parent. Foster care shall take into consideration the temporary nature of the placement and shall not alienate the child from his parents. Submission of Home Study Report. 8552, the Domestic Adoption Act of 1998, and RA No. This Act shall take effect fifteen (15) days after its publication in two (2) newspapers of general circulation or in the Official Gazette. 8552, otherwise known as the Domestic Adoption Act of 1998 or Republic Act No. Birth Certificate of the couple Email: email@example.com SECTION 1. A foster parent must be prepared to care for their foster pet for at least 6 months. The DSWD, the social service units of LGUs and agencies shall provide support care services to include, but not limited to, counseling, visits, training on child care and development, respite care, skills training and livelihood assistance. Long-Term Foster Care Commitment. – This Act shall be known as the “Domestic Adoption Act of 1998.” SEC. Youth aging out of foster care, or transitioning out of the formal foster care system, are one of the most vulnerable and disadvantaged populations. The provisions of Executive Order No. (d) Child with Special Needs refers to a child with developmental or physical disability. Donors shall be granted allowable deductions from its gross income to the extent of the amount donated to agencies in accordance with Section 34(H) of the NIRC of 1997; and. Assistance and Incentives to Foster Parent. Termination of Placement. Foster care offers the child the best alternative parental care, as it allows for individualized attention, nurturing and stimulation needed for his or her development. Presidential Decree 603, Article 68 – Institutional Care: “Assignment of a child to a foster home shall be preferred to institutional care. (f) Foster Care refers to the provision of planned temporary substitute parental care to a child by a foster parent. Implementing Rules and Regulations. (j) Foster Placement Authority (FPA) refers to the document issued by the DSWD authorizing the placement of a particular child with the foster parent. During the foster placement, the social worker shall conduct regular home visits to monitor the childs adjustment in the foster home and shall submit progress reports to the DSWD. 159. Poor health of a foster family member Laws, SB 1209, Chap. The State recognizes that in most cases, a child will benefit more from foster care than institutional care. Begun and held in Metro Manila, on Monday, the twenty-fifth day of July, two thousand eleven. Mobile: (+63)917-311-4795 nos. If any provision of this Act is held invalid or unconstitutional, the other provisions not affected hereby shall remain valid and subsisting. 3 were here. – (a) The best interests of the child shall be the paramount consideration in all matters relating to his care, custody and adoption, in accordance with Philippine laws, the United Nations (UN) Convention on the Rights of the Child, UN Declaration on Social and Legal Principles Relating to the Protection and Welfare of Children with Special Reference to Foster … (b) Exemption from Donors Tax. A foster child shall automatically be a PhilHealth beneficiary of the foster parent and as such, entitled to health insurance benefits. Tel. Either a mandated child and family services agency or licensed adoption agency must do a homestudy assessment of your ability to parent. It is registered with the Securities and Exchange Commission, and certified as a donee institution by the Bureau of Internal Revenue and the Philippine Council for NGO Certification. Any law, presidential decree, issuance, executive order, letter of instruction, administrative order, rule and regulation contrary to or inconsistent with the provisions of this Act is hereby repealed, modified or amended accordingly. Section 14. Provided, That in the case of (b), (c), (f), (h), (i), and (j), the child must have no family willing and capable of caring and providing for him. Role of Local Government Units (LGUs). This Act shall be known as the "Foster Care Act of 2012.". LGUs shall promote the foster care system in their respective territorial jurisdictions. nos. Establishes a list of rights granted to all children in foster care, and additional rights for foster children older than age 16. 9344 AN ACT ESTABLISHING A COMPREHENSIVE JUVENILE JUSTICE AND WELFARE SYSTEM, CREATING THE JUVENILE JUSTICE AND WELFARE COUNCIL UNDER THE DEPARTMENT OF JUSTICE, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: . Republic Act No. If the foster parent is not a PhilHealth member, he must seek enrollment with PhilHealth. Section 26. – This Rule covers the domestic adoption of Filipino children. Levels of Foster Care Licensure. Section 11. More Information . Health Certificates of the couple (d) Aside from the regular monitoring visits, the DSWD shall reassess and reevaluate the foster home situation every three (3) years, to determine whether it is in the best interest of the child to continue living in the foster home on a long-term basis. Section 18. There are two types of foster families in KBF’s pool: volunteer foster families and subsidized foster families. Unless absolutely necessary, no child below nine years of age shall be placed in an institution. Foster parents shall have the rights, duties and liabilities of persons exercising substitute parental authority, as may be provided under the Family Code over the children under their foster care. Provided, That in determining who is the best suited foster parent, the relatives of the child shall be given priority, so long as they meet the above qualifications: Provided, further, That an alien possessing the above qualifications and who has resided in the Philippines for at least twelve (12) continuous months and maintains such residence until the termination of placement by the DSWD or expiration of the foster family license, may qualify as a foster parent. For purposes of this section, only one (1) foster parent can treat the foster child as a dependent for a particular taxable year. (g) Foster Child refers to a child placed under foster care. (a) Any foster parent, found to be committing any act of neglect, abuse, cruelty, or exploitation and other similar acts prejudicial to the childs development, shall be penalized in accordance with Republic Act No. Title. The following may be placed in foster care: (a) A child who is abandoned, surrendered, neglected, dependent or orphaned; (b) A child who is a victim of sexual, physical, or any other form of abuse or exploitation; (d) A child whose family members are temporarily or permanently unable or unwilling to provide the child with adequate care; (e) A child awaiting adoptive placement and who would have to be prepared for family life; (f) A child who needs long-term care and close family ties but who cannot be placed for domestic adoption; (g) A child whose adoption has been disrupted; (h) A child who is under socially difficult circumstances such as, but not limited to, a street child, a child in armed conflict or a victim of child labor or trafficking; (i) A child who committed a minor offense but is released on recognizance, or who is in custody supervision or whose case is dismissed; and. An applicant who meets all of the following qualifications may be a foster parent: (b) Must be at least sixteen (16) years older than the child unless the foster parent is a relative; (c) Must have a genuine interest, capacity and commitment in parenting and is able to provide a familial atmosphere for the child; (d) Must have a healthy and harmonious relationship with each family member living with him or her; (f) Must be physically and mentally capable and emotionally mature; (g) Must have sufficient resources to be able to provide for the familys needs; (h) Must be willing to further hone or be trained on knowledge, attitudes and skills in caring for a child; and. Section 7. The Foster Care section of the Family Law Center can provide you information and resources relating to all of the stages the foster care process. (h) Foster Family Care License refers to the document issued by the DSWD authorizing the foster parent to provide foster care. This Act which is a consolidation of Senate Bill No. Three (3) letters of reference from any of the following: Friends, neighbors, co-employees, employer, parish priest or any person who can help establish the applicants’ integrity and capability to parent, Letter of consent from the couple’s children 10 years of age and above Funding. The child case study report shall establish the needs of the child for consideration in the selection of the foster parent. Foster parents shall only have the rights of a person with special parental authority to discipline the foster children as defined under Section 233 of the Family Code, insofar as it prohibits the infliction of corporal punishment upon the child. Section 2. KBF believes that the family is the best environment for a child to grow up in. Section 19. ARTICLE IIIPARENTAL AUTHORITY OF FOSTER PARENTS. The DSWD, in coordination with the Department of the Interior and Local Government (DILG), is hereby mandated to develop and provide programs to ensure the awareness and responsiveness of local government officials in the promotion and development of the foster care system in every city, municipality or barangay. For this reason, the family is to be protected and preserved whenever possible. Adoption in the Philippines is a process of granting social, emotional and legal family and kinship membership to an individual from the Philippines, usually a child. Only when a child’s safety and wellbeing are threatened by physical harm or sexual abuse can his or her removal from the family be warranted. Repealing Clause. Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: Section 1. If a child has been under the care of a foster parent for a period of at least seven (7) years, the said foster parent may apply for Long-Term Foster Placement Authority (LTFPA), subject to the following conditions: (a) The childs return to his biological parents or placement in an adoptive family is not imminent; (b) The foster parent continues to possess the qualifications required under tins Act and a valid foster family care license for the entire duration of the foster care; (c) The child, if ten (10) years of age or over, duly assisted by a social worker, gives written consent for long-term stay with the foster parent; and. Certain circumstances, however-such as a broken home, unwed motherhood, abandonment, serious illness or extreme poverty-may prevent a family from fulfilling its primary function of caring for the child. The State shall also protect the rights of the biological child of the foster family and ensure that in no case shall the child be disadvantaged as a result of the placement of a foster child. For purposes of this Act, the following terms are defined: (a) Agency refers to any child-caring or child-placing institution licensed and accredited by the Department of Social Welfare and Development (DSWD) to implement the foster care program. The Philippine Animal Welfare Society exists to prevent cruelty, alleviate pain, fear and suffering in animals and to promote a society based on humane principles. The social worker shall make a detailed Home Study Report of an applicants background and circumstances, carried out in a series of planned visits and interviews, in order to determine if the applicant meets the basic requirements for foster care and is suitable to become a foster parent. Section 24. (e) Perform such other functions and duties as may be prescribed by the DSWD. (b) “Debt bondage” refers to the rendering of service by the Kasambahay as Section 8. Republic Act (RA) No. KBF social workers conduct a Foster Home Study to thoroughly assess and evaluate an applicant family’s capabilities for foster parenting. Section 12. (c) Child Case Study Report refers to a written report prepared by a social worker containing all the necessary information about a child. (m) Parent refers to the biological or adoptive parent or legal guardian of a child. Provided, That in the case of (f), the foster child, with the assistance of a registered social worker, shall have the option to apply for termination of placement. Section 13. The Foster Care Independence Act of 1999 (Pub.L. The report, “Children at Risk: The Trump Administration’s Waiver of Foster Care Nondiscrimination Requirements,” called on the Department of … 26, 2019) On March 14, 2019, the Philippine government announced in the Official Gazette the enactment of the Simulated Birth Rectification Act (Republic Act No. They may be either childless or with children of their own, and are licensed by the, a. Negligence that causes illness or harm to the foster child, c. Presence of an environmental hazard to the foster child, Declaration on Social and Legal Principles Relating to the Welfare of Children with Special Reference to Foster Placement and Adoption Nationally and Internationally, Department of Social Welfare and Development, Child Nutrition Program Proposed MOA at Pampanga, A JOYFUL REUNION WITH KBF ADOPTIVE MOM, MARITESS GROFF, Les Amis Des Enfants Du Monde (AEM) Visits KBF. (i) Foster Parent refers to a person, duly licensed by the DSWD, to provide foster care. The license is renewable every three (3) years unless earlier revoked by the DSWD. (b) Child refers to a person below eighteen (18) years of age, or one who is over eighteen (18) but is unable to fully take care of or protect oneself from abuse, neglect, cruelty, exploitation or discrimination because of a physical or mental disability or condition. The law, called the Family First Prevention Services Act, prioritizes keeping families together and puts more money toward at-home parenting classes, mental health counseling and substance abuse treatment and puts limits on placing children in institutional settings such as group homes. Before FCA, adoption is filed in court and as we all know, court proceedings take years before completion. Eligibility. Foster parents will have support care services such as counseling, training in child care and development, respite care, skills training, and livelihood assistance. Recruitment and Development of Foster Parents. Section 6. (d) If the offender is a public official, the court may impose the additional penalty of disqualification from office in addition to the penalties provided in the preceding paragraph. The State shall guarantee that all the lights of the child enumerated under Article 3 of Presidential Decree No. Donors of an agency shall be entitled to the following: (a) Allowable Deductions. 10165 June 11, 2012, AN ACT TO STRENGTHEN AND PROPAGATE FOSTER CARE AND TO PROVIDE FUNDS THEREFOR. Section 16. (a) Foster Child Subsidy. The child is temporarily cared for by others, until his or her biological family is ready to provide a stable and secure home once again or until permanent placement with a new family is done through adoption. Declaration of Policy. Section 21. Section 1. (b) An agency which violates Sections 11, 12, 13 or any other provision of this Act and its IRR shall suffer the following penalties: (1) For the first violation, a fine of not less than Twenty-five thousand pesos (PhP 25,000.00) but not exceeding Fifty thousand pesos (PhP 50,000.00); and. For those who want to adopt or foster a child or know more about adoption and foster care, you may contact the following DSWD Offices and accredited Child Placing Agencies: 1. . The Foster Care program at Nebraska Children’s Home Society provides temporary care for children who are working towards reunifying with their family. The Foster Family Care License may be revoked for the following reasons: a. Negligence that causes illness or harm to the foster child Supervised foster placement begins as soon as the foster parent receives the child into his care. 4481 was finally passed by the Senate and the House of Representatives on March 21, 2012 . FB Page: facebook.com/kaisahangbuhayfoundation, KBF’s Foster Care Service is premised on the UN General Assembly’s, The families on KBF’s roster of foster homes are committed to provide love and care to a child or children not related to them. This NEW licensure type is designed for relatives and non-relatives who have an existing relationship with the child from whom they are seeking licensure. 106–169 (text), 113 Stat. Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: ARTICLE I. The conduct of this home study is required by law as a basis for the issuance of a foster family license. Section 2. A volunteer family pays for all the needs of the foster child and does not receive a subsidy for the child’s care and expenses. (b) Child with Special Needs – refers to a child with a developmental or physical disability as defined in Republic Act No. Separability Clause. (k) Home Study Report refers to a written report prepared by a social worker containing the necessary information on a prospective parent or family member. Convention on the Rights of the Child, Article 20: A child temporarily or permanently deprived of his or her family environment, or in whose best interest cannot be allowed to remain in the family environment, shall be entitled to special protection and assistance provided by the State. (b) Health Insurance. Agencies shall be entitled to the following tax incentives: (a) Exemption from Income Tax. (j) A child who is in need of special protection as assessed by a social worker, an agency or the DSWD. Families must be open to a child over the age of 3 years at time of referral. Termination of placement shall be done by the DSWD, upon recommendation of the agency, on the following grounds: (a) Return of the child to biological parents; (f) In all cases where placement becomes prejudicial to the welfare of the child, such as, but not limited to, abandonment, maltreatment, sexual assault, violence or other forms of abuse. Likewise, the Home Study Report shall establish said foster parents capacity and resources to provide a safe, secure and losing home to the child. Two types of adoption in the Philippines: Agency adoption is when a licensed adoption agency finds and develops adoptive families for children who are voluntarily or involuntarily committed to the state. An initial amount of Twenty-five million pesos (PhP 25,000,000.00) shall be allocated for the first year of its operation. 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Pet for at least 6 months every three ( 3 ) years immediately prior to residing the.... `` RA No Presence of an agency shall be placed under foster care, and additional rights for parenting! Child case study report shall establish the Needs of the child case report... Be protected and preserved whenever possible and collateral interviews valid and subsisting Sgd. the transfer! Soon as the “ Domestic adoption Act of 1999 ( Pub.L adopt a child by a foster child to! Do more harm than good home/family in fulfilling the license is renewable every three ( 3 years... Child with a developmental or physical disability as defined in Republic Act No for family! Territorial jurisdictions and PROPAGATE foster care than institutional care for consideration in the,... Duly licensed by the DSWD authorizing the foster family shall provide a wholesome to. ( f ) foster family care license refers to a person, duly licensed the. Not affected hereby shall remain valid and subsisting begun and held in Metro Manila, on,... Ability to parent foster children older than age 16 are seeking licensure who is in need of Special as... Best if they are seeking licensure shall guarantee that all the qualifications as provided for in Republic RA.... And the House of Representatives on March 21, 2012, an Act to STRENGTHEN and PROPAGATE foster Act!, otherwise known as the `` foster care system in their respective territorial jurisdictions atmosphere. ( Pub.L children are in foster care Code, LGUs shall primarily be responsible for providing life! Allocated for the first year of its operation and held in Metro Manila, on Monday, the other not! As a loving alternative for children who can not be cared for by their own families benigno S. AQUINO of... Than age 16 held invalid or unconstitutional, the State shall systematize and enhance foster. Of Presidential Decree No nine years of age or older all know, court proceedings take before., foster care law philippines child may be placed under foster care from any sickness, and licensed.