Chapter 3 : Section 5

Voluntary Placement

Procedures

The Voluntary Placement Agreement, CSO-1043A may be used when:

• it has been determined that the child is in present danger or impending danger and that there is no in-home or other less intrusive present danger or safety plan option that will be sufficient to control the danger and allow the child to remain safely at home;

• the child can be sufficiently protected while in voluntary placement;

• based on the Family Functioning Assessment, the identified safety threats that prevent the child from living at home safely can be remedied within 90 days or less;

• the permanency goal is family reunification;

• the parent, guardian, or custodian is willing to voluntarily place the child in the custody of the Department, giving the Department the authority to place the child in the home of a licensed out-of-home care provider, an adult relative, or a person with a significant relationship with the child;

• the parent, guardian, or custodian is willing and able to cooperate with a case plan and abide by the terms of the voluntary placement agreement; and

• if the child is age 12 years or over and not developmentally disabled, the child is willing to consent to voluntary placement, unless placement is clearly necessary to prevent abuse.

Consult with the DCS Program Supervisor to ensure that the case circumstances meet the Department's criteria for voluntary placement.

If a Voluntary Placement Agreement will be implemented, inform the parents, guardians, or custodians:

• about the safety threats that require an out-of-home safety plan and removal from the home;

• that they will have the right to an attorney and a hearing before a juvenile court judge if they do not agree to a voluntary placement, and the Department chooses to remove the child(ren) from the home and file a dependency petition;

• that by signing the Voluntary Placement Agreement the parent, guardian, or custodian is placing the child in the Department’s custody, which will then have the authority to place the child with a licensed out-of-home care provider, an adult relative, or a person with a significant relationship with the child;

• that without the Department's approval, the parent, guardian, or custodian may not remove the child from the out-of-home placement while the Voluntary Placement Agreement is in place;

• that a parent, guardian, or custodian may revoke a Voluntary Placement Agreement by providing written notice to the DCS Specialist; and that upon receipt of the notice, the DCS Specialist will, within 72 hours, excluding weekends and holidays:

  • return the child to the custody of parent, guardian or custodian; or

  • file a dependency petition if there is reason to believe that the child would be unsafe if returned home;

• that the parent, guardian, or custodian retains parental rights and responsibilities under the voluntary placement agreement with the Department, including the:

  • legal custody of the child,

  • right to reasonable visitation,

  • right to consent to medical treatment, and

  • right to participate in educational decisions and act as the special education parent (See Education Services for Children in Out-of-Home Care);

• that the parent's, guardian's, or custodian's decision to place a child in voluntary placement does not constitute grounds for abandonment, abuse, or dependency nor may it be used in a judicial proceeding as an admission of criminal wrong-doing;

• that after a child has been in out-of-home placement for 60 days, the time in out-of-home care will be included in the amount of time the Court considers when determining whether to terminate a parent's rights if:

  • a dependency petition is filed,

  • the child is made a ward of the court, and

  • the dependency action results in the termination of parental rights based on length of time the child has been in out-of-home placement.

When the determination is made that voluntary placement with the Department is appropriate:

• explain the terms of Voluntary Placement Agreement to the parent, guardian, or custodian and to any child who is over age 12 years and not developmentally disabled, and;

• determine, in cooperation with the parent, guardian, or custodian, the length of placement, up to 90 days, and specify this on the form.

Complete the Voluntary Placement Agreement, CSO-1043A. Have the parent, guardian, or custodian and child, if appropriate, sign the form.

If the child who is age 12 years or older and not developmentally disabled refuses to sign the Voluntary Placement Agreement, and it has been determined that voluntary placement is clearly necessary to prevent abuse, document the reasons for proceeding with the placement in the electronic case record in the Notes tab.

Distribute the Voluntary Placement Agreement as follows:

• Give one copy to the parent, guardian, or custodian.

• Give one copy to the child, if age 12 years or older and not developmentally disabled.

• Keep the original in the child's hard copy record.

Kinship Placement

Follow the Implementation procedures in Kinship Care to determine whether the person meets the requirements for placement. The following are not required for a voluntary placement agreement with a relative:

• references;

• formal home study; and

• Kinship Placement Notification letter.

Complete the following activities prior to placement with kinship caregiver:

• Complete a search of Department of Child Safety electronic records, and other states or jurisdictions (if applicable), for current or prior involvement with Department of Child Safety, or other states or jurisdictions, on all individuals in the home over 18 year of age.

• Complete a criminal history records check with the Department of Public Safety (DPS) using the Justice Web Interface (JWI) for all adults residing in the home.

  • When a person does not have a social security number, the DPS Criminal Records Check shall still be completed using information currently in Guardian. In this situation, additional searches are necessary, including a public records search or information available through local law enforcement.

• Complete a Safety Plan and Safety Plan Signature Page, CSO-1034B and provide each caregiver and responsible adult (when applicable) a copy of these completed forms.

• Visit the home to ensure that the home environment has no observable safety hazards using the Home Safety Checklist for Kinship Foster Caregiver Household, CSO-1014A.

• Determine if there is any information that would preclude the relative from providing a safe, nurturing environment for the child.

• Complete the Kinship Placement Agreement and Notification of Resources, CSO-1129A. Relative(s) must read and sign the form.

• Ensure the relative(s) and all individuals in the home over 18 years of age complete the Criminal HIstory Self-Disclosure Affidavit, DCS-1078 and complete a fingerprint based background check.

  • Within 15 working days of the completed DPS check, require all adult household members to complete a fingerprint based background check. Provide Fingerprint Instructions, DCS-3052 to all adults upon placement consideration or emergency placement. If needed, provide assistance in submitting the fingerprints. Additional Department resources can be provided to assist adults that are unable to submit fingerprints to Thales.

  • If any adult household member fails to complete the fingerprint based background check, the child cannot be placed in the home.

  • A person who is denied a Level One Fingerprint Clearance Card may still be considered as a kinship placement, if the offense preventing approval of the Level One Fingerprint Clearance Card is appealable to the Board of Fingerprinting.

  • The DCS Specialist should gather all relevant information and consult with the DCS Supervisor for approval to continue placement of the child(ren) in the home.

Place the child in a licensed out-of-home care placement or with a kinship caregiver that meets the child’s individualized assessed needs. See Selecting an Out-of-Home Care Provider.

Follow the procedures outlined in Voluntary Placement of an Indian Child when the child is or may be American Indian.

Team Decision Making (TDM) and Voluntary Placement Agreements

A Safety TDM meeting will be held the following business day if the Voluntary Placement Agreement has been implemented as a protective action in a present danger plan.

A Safety TDM meeting will be held when the Family Functioning Assessment has been completed and a determination has been made that the child is unsafe due to an impending danger threat, and a Voluntary Placement Agreement is being considered.

In addition to any TDM meeting that was held at the initiation of a Voluntary Placement Agreement, a Safety TDM meeting must be held within no less than 30 days from the expiration of the Voluntary Placement Agreement, and/or upon the parent, guardian, and/or custodian's request to rescind the Voluntary Placement Agreement if the child(ren) has been assessed as being unsafe.

A Safety TDM meeting is not required when a child has been determined to be safe.

Case Management of Voluntary Placement Agreements

Develop an individualized case plan within 10 working days of placing a child in voluntary placement with the Department. The case plan must address the:

• safety threats that prevent the child from living safely at home;

• provisions for contact and visitation between the child and family; and

• the services necessary to promote the safety of the child on the planned return date to the parent, guardian, custodian, or alternative placement.

For policy and procedures of developing a case plan see Developing and Reassessing the Family-Centered Case Plan.

Meet with the family within 30 days of taking a child into voluntary placement (and monthly thereafter) to review the case status, progress toward the permanency goal, and continued appropriateness of voluntary placement. If, at any time in the 90 days, either of the following are true, then the child must be returned home:

• Family circumstances have changed such that the Conditions for Return have been met, and the results of the in-home safety analysis indicate an in-home safety plan would be sufficient to control the danger.

• Family circumstances have changed such that the results of the Family Functioning Assessment indicate there is no longer present or impending danger, and the child is assessed as safe.

Monitor the child’s out-of-home placement through monthly face-to-face contact with the child and caregiver, in the caregiver’s home, to ensure that the child is safe.

Follow procedures found in Locating Runaway Children if the child runs away from the voluntary placement. In addition to these procedures:

• Convene a case conference, within seven days, to include the parent, guardian or custodian and the out-of-home care provider to discuss continuance or termination of the Voluntary Placement Agreement.

• Do not end date the Removal Details or terminate DCS CHP coverage unless the Voluntary Placement Agreement is terminated.

Expiration of the Voluntary Placement Agreement

Within 10 working days prior to expiration of the Voluntary Placement Agreement:

• Reassess the child’s safety using the Family Functioning Assessment-Progress Update.

• Convene a case plan staffing to determine whether:

  • the child may be safely returned home;

  • the parent, guardian, or custodian has arranged an alternate safe placement with a relative, non-custodial parent, or other custodian; or

  • filing an In-Home Intervention, In-Home Dependency Petition or Out-of-Home Dependency Petition is necessary to ensure the child's safety.

Before the child returns home:

• ensure that the child is provided an opportunity to discuss any feelings about going home;

• determine the follow-up services needed by the parent, guardian, custodian, or alternate caregiver to meet the child’s needs;

• inform the parent, guardian, custodian, or alternate caregiver about available financial and non-financial services and eligibility requirements;

• assist the parent, guardian, custodian, or alternate caregiver to complete the necessary applications for services; and

• ensure the family has access to needed services through Department or community resources.

Documentation

Document reasons the voluntary placement is appropriate, and the explanation of the terms and conditions of the Voluntary Placement Agreement using the Notes tab.

Ensure that the child is enrolled in DCS CHP by completing the Removal Details tab with the date of placement with the licensed out-of-home care provider or relative as the Removal Start Date.

Document the case plan staffing in Notes designated as Staffing type.

When needed, document the reasons for proceeding with the Voluntary Placement Agreement when a child who is age 12 or over and not developmentally disabled refuses to sign the Voluntary Placement Agreement in Notes.

Document the meeting with the parent, guardian, or custodian held 30 days after placement and every 30 days thereafter to review the case status in Notes designated as Parent/Caregiver Contact type.

Using the Monthly Contact Visit Note to document all face-to-face visits with the child and caregiver.

Effective Date: February 1, 2021

Revision History: November 30, 2012, February 14, 2014, March 9, 2015, October 15, 2017, July 2, 2019