CODES/REFERENCES

O.C.G.A. § 49-5-8 Powers and Duties of Department

Title IV-E of the Social Security Act §§ 472 (a)(2)(A)(i) and 472(f)(g) 45 Code of Federal Regulations (CFR) Parts 1356.22 and 1356.67 42 U.S Code § 672(d) thru (g)

Indian Child Welfare Act of 1978 Final Rule (25 CFR Part 23)

REQUIREMENTS

The Division of Family and Children Services (DFCS) shall:

1. At its discretion, utilize a Voluntary Placement Agreement (VPA) when parent(s), guardian(s) or legal custodian(s) request to voluntarily place their child in foster care due to a short-term, time-limited crisis (see policy 17.3 Legal: Court Orders and Placement Authority), and:
   
    
   1. The crisis is anticipated to end within 90 calendar days or up to a maximum of 180 calendar days if extended: and
   2. There are no safety concerns or allegations of child abuse.
2. Properly execute the written VPA binding on all parties to the agreement, for any child who enters care through a VPA only after services and all other placement options to prevent placement in foster care have been explored and entering care is determined to be in the best interest of the child in accordance with policy 20.6 Special Circumstances: Voluntary Placement Agreement.
3. Verify that the Voluntary Placement Agreement to Place a Child in Foster Care (Authorization) form was uploaded to External Documentation in Georgia SHINES, has been signed by all parties, and specifies at a minimum:
   
    
   1. The legal status of the child; and
   2. The rights and obligations of the parent(s), guardian(s) or legal custodian(s) of the child and DFCS while the child is in care.
   3. If the child is an Indian child as defined in the Indian Child Welfare Act (ICWA), that the VPA was recorded before a court of competent jurisdiction and certified by the judge or the court (see policy 1.6 Administration: Indian Child Welfare Act and Transfer of Responsibility for Placement and Care to a Tribal Agency).
4. Adhere to the applicable provisions in policy 10.1 Foster Care: Placement of a Child.
5. Adhere to policy 1.6 Administration: Indian Child Welfare Act and Transfer of Responsibility for Placement and Care to a Tribal Agency if the child is a member of a federally recognized Indian tribe; or eligible for membership in a federally recognized Indian tribe, and is the biological child of a member of a federally recognized Indian tribe.
6. Utilize the following established uniform procedure/system consistent with state law, for revocation by the parent(s), guardian(s) or legal custodian(s) of a VPA and return of the child to their home or the home of a relative: NOTE: Hereafter refer to revocation as termination of the VPA by the parent(s), guardian(s) or legal custodian(s).
   1. Request the parent(s), guardian(s) or legal custodian(s) sign the Voluntary Placement Agreement to Place a Child in Foster Care (Termination) form or provide another written request to terminate the VPA. All parties who signed the Voluntary Placement Agreement to Place a Child in Foster Care (Authorization) form must also sign the Voluntary Placement Agreement to Place a Child in Foster Care (Termination) form or other written request to terminate the VPA. NOTE: Use of the Voluntary Agreement to Place a Child in Foster Care (Termination) form is not legally necessary, however the request to terminate the VPA must be in writing.
   2. Return the child to the parent(s), guardian(s) or legal custodian(s) or to a relative within 72 hours of receipt of a written request to terminate the VPA and have the parent(s), guardian(s) or legal custodian(s) sign the Voluntary Placement Agreement to Place a Child in Foster Care (Termination) form at the time the child is returned. EXCEPTION: An Indian child as defined by ICWA must be returned as soon as is practicable when a written request to terminate the VPA is received from the parent or Indian custodian (see Practice Guidance: ICWA Protection for Indian Parents and Indian Custodians in policy 1.6 Administration: Indian Child Welfare Act and Transfer of Responsibility for Placement and Care to a Tribal Agency).
7. Extend the VPA upon the parent(s), guardian(s) or legal custodian(s) request, when:
   
    
   1. It is likely, based on the family’s circumstances, that reunification will occur within an additional 90 days;
   2. Services provided through foster care will support reunification; and
   3. The County Director approves the request for an extension of the VPA. NOTE: The VPA cannot exceed 180 calendar days from the original date of the execution of the VPA.
8. Notify the parent(s), guardian(s) or legal custodian(s) in writing that they must accept physical and legal custody of the child within 14 calendar days of DFCS’ notification that foster care services are no longer warranted (see Practice Guidance: DFCS Requests to Terminate the VPA). NOTE: In such instances, follow procedures for termination of the VPA.
9. Petition the court for custody of the child if it is determined that the child is unable to return home safely (see policy 17.1 Legal: The Juvenile Court Process). NOTE: The petition must be filed in time for a hearing to be held, a judicial determination made that continued placement is in the best interest of the child, that the return of the child to such home would be contrary to the child’s best interest and the signed order obtained within 180 days of the original date of the execution of the VPA.
10. Immediately make a report to the CPS Intake Communications Center (CICC) in accordance with policy 3.24 Intake: Mandated Reporters if instances of child abuse are suspected or become known or there are safety concerns during the VPA.
11. Document all case activities including facts, circumstances and decisions in Georgia SHINES within 72 hours of occurrence. Upload to External Documentation copies of all documents and forms including but not limited to the VPA forms.

PROCEDURES

The Social Services Case Manager (SSCM) will:

1. Review Georgia SHINES to verify there is a properly executed VPA uploaded in External Documentation.
2. Participate in the transfer staffing upon the execution of the VPA, to discuss:
   
    
   1. The circumstances that led to the need for the child’s voluntary placement into foster care;
   2. The expected timeframe for the child’s return home;
   3. The parent(s), guardian(s) or legal custodian’(s) efforts to mitigate the need for voluntary placement, including support from relatives, fictive kin and other resources;
   4. Placement needed or selected for the child;
   5. Services needed for the child and/or parent(s), guardian(s) or legal custodian(s) to address the crisis the family is experiencing;
   6. Other information as outlined in policy 19.4 Case Management: Case Transfer.
3. Clearly state expectations for the parent(s), guardian(s) or legal custodian(s) and the child (when age appropriate) about the following:
   
    
   1. Timeframes of the VPA and the need for court intervention if the child cannot safely return home within 90 calendar days or to a maximum of 180 calendar days if the VPA is extended;
   2. The process for revocation of the VPA;
   3. Roles and responsibilities of the parent(s), guardian(s) or legal custodian(s) and DFCS;
   4. Visitation plan (see policy 10.19 Foster Care: Visitation);
   5. Case planning requirements (see policy 10.23 Foster Care: Case Planning);
   6. Service provision (see policy 19.17 Case Management: Service Provisions).
4. Track the timeframe of the VPA and monitor progress to determine if the child will be able to return home within 90 calendar days:
   
    
   1. Conduct purposeful contacts with the child, parent(s), guardian(s) or legal custodian(s), and placement resource in accordance with policy 10.18 Foster Care: Purposeful Contacts in Foster Care);
   2. Conduct collateral contacts in accordance with policy 19:16 Case Management: Collateral Contacts;
   3. Monitor services being provided in accordance with policy 19.17 Case Management: Service Provision;
   4. Assess the quality of visitation including frequency and parent/child interaction;
   5. Initiate staffings with the Social Services Supervisor (SSS) to discuss progress and address barriers that may prevent the child’s timely return home (see policy 19.6 Case Management: Supervisor Staffing).
5. Prepare for the child’s return home prior to the expiration of the VPA by meeting with the parent(s), guardian(s) or legal custodian(s) within 10 calendar days prior to the 90th day to discuss:
   
    
   1. Their readiness to terminate the VPA;
   2. The process for terminating the VPA;
   3. Any services to be continued or initiated to support the child’s return home.
6. When the parent(s), guardian(s) or legal custodian(s) request termination of the VPA:
   
    
   1. Have them sign the Voluntary Agreement to Place a Child in Foster Care (Termination) or provide another written request of their intent to terminate the VPA.
   2. Return the child within 72 hours of receiving a written request to terminate the VPA. Have the parent(s), guardian(s) or legal custodian(s) sign the Voluntary Agreement to Place a Child in Foster Care (Termination) form confirming the child was returned to their custody.
   3. Notify the court of the termination of the VPA, if the child is subject to ICWA.
   4. Close the case in accordance with policy 10.26 Foster Care: Case Closure.
7. If the parent(s), guardian(s) or legal custodian(s) requests an extension of the VPA:
   
    
   1. In conjunction with the SSS, meet with them to:
      
       
      1. Discuss the likelihood the child can be returned home within an additional calendar 90 calendar days.
      2. Determine if there are foster care supports or services can facilitate reunification.
      3. Remind them that the County Director must approve the extension of the VPA.
      4. Inform them that if the extension is approved:
         
          
         1. They may request termination of the VPA at any point during the additional 90 calendar day period if an extension is granted.
         2. A family meeting/Family Team Meeting (FTM) will be held by the 5th month that the child is in care (150 days) to determine their readiness for the child’s return home.
         3. If the child cannot return home by the 180th day, DFCS is required to petition the court for custody of the child prior to the 180th day.
   2. Staff with the SSS to determine if granting an extension is appropriate based on the family’s circumstances, including whether it is likely that the child will return home within the additional 90 calendar days.
   3. Obtain the County Director’s approval of the extension. If approved, the County Director signs the “Approval for Extension of VPA” portion of the executed Voluntary Placement Agreement to Place a Child in Foster Care (Authorization) form that was used to initiate the VPA.
8. If the extension of the VPA is granted for up to an additional 90 calendar days:
   
    
   1. Monitor the VPA to ensure it does not exceed 180 calendar days.
   2. Conduct a family meeting/FTM no later than the child’s 5th month (150 days) in care:
      
       
      1. Determine whether the parent(s), guardian(s) or legal custodian(s) are prepared for the child’s return home.
      2. Obtain consensus regarding the date the child will be returning home.
      3. Provide information regarding the process for terminating the VPA, including providing a copy of the Voluntary Placement Agreement to Place a Child in Foster Care (Termination) form.
      4. Identify any services to be continued or initiated to support the child’s return home.
   3. Upon the parent(s), guardian(s) or legal custodian(s) request to terminate the VPA:
      
       
      1. Have them sign the Voluntary Agreement to Place a Child in Foster Care (Termination) or provide another written notice of their intent to terminate the VPA.
      2. Return the child within 72 hours of receiving a written request to terminate the VPA. Have the parent(s), guardian(s) or legal custodian(s) sign the Voluntary Agreement to Place a Child in Foster Care (Termination) form confirming the child was returned to their custody.
      3. Notify the court of the termination of the VPA, if the child is subject to ICWA.
      4. Close the case in accordance with policy 10.26 Foster Care: Case Closure.
      5. If it is determined that the parent(s), guardian(s) or legal custodian(s) is unable or unwilling to obtain custody, and it appears the VPA will expire prior to the child returning home within 180 calendar days of the child entering care:
         1. Initiate a staffing with the SSS regarding the need to petition the court for custody.
         2. In consultation with the Special Assistant Attorney General (SAAG), petition the court for custody of the child (see policy 17.1 Legal: The Juvenile Court Process). NOTE: The petition must be filed in time for a hearing to be held, a judicial determination to be made and the signed court order obtained prior to the 180 days of the date of the original date of the execution of the VPA.
         3. Obtain and review any court orders.
         4. Monitor the child’s time in care and ensure the court conducts a permanency plan hearing within 12 months of the child’s entry into foster care via the initial VPA (see policy 17.2 Legal: Case Review/Permanency Plan Hearings).
      6. If instances of child abuse are suspected or become known or there are safety concerns during the VPA:
         
          
         1. Immediately make a report to CICC in accordance with policy 3.24 Intake: Mandated Reporters.
         2. In conjunction with the Special Investigation determine if the child would be safe if returned home.
         3. If it is determined that the child will be unable to return home safely, in consultation with the SAAG, petition the court for custody of the child (see policy 17.1 Legal: The Juvenile Court Process).
      7. Document all VPA activities in Georgia SHINES within 72 hours of occurrence, including uploading into External Documentation:
         
          
         1. Signed Voluntary Placement Agreement to Place a Child in Foster Care (Authorization)
         2. Any approved extension of the VPA
         3. The Voluntary Placement Agreement to Place a Child in Foster Care (Termination) or other written requests to terminate the VPA
         4. Court Orders (when there is court intervention)

The Revenue Maximization (Rev Max) Specialist (RMS) will:

1. Determine whether the child meets the AFDC Relatedness criteria in the month in which the VPA was executed. A judicial determination of reasonable efforts to prevent removal is not required to meet IV-E eligibility.
2. Make a medical assistance and IV-E determination regarding the child (see policy 9.2 Eligibility: Applying for Medical Services at Initial Entry and 9.3 Eligibility: Applying for Initial Funding).

The SSS will:

1. Review the VPA in Georgia SHINES External Documentation to ensure all appropriate parties have signed and the information contained is complete and accurate, including that any ICWA provisions are met if the child is subject to ICWA.
2. Participate in the transfer staffing to ensure the smooth transition of the child into foster care.
3. Conduct a staffing with the SSCM to discuss:
   
    
   1. Timeframes for the VPA.
   2. Request from the parent(s), guardian(s) or legal custodian(s) for an extension of the VPA.The need for court intervention when the child cannot safely return home within 180 days, ensuring that all court action occurs timely.
   3. Services provided to the child and parent(s)/guardian(s) or custodian(s) to meet any needs identified and progress made
   4. Monitor the VPA to prevent the VPA from exceeding the 90 calendar days or 180 days if an extension was granted.
   5. Review any request for an extension of the VPA to determine appropriateness. Obtain County Director approval if an extension is recommended.
   6. Ensure the child is returned to the parent within 72 hours of the written request to terminate the VPA, or immediately if an Indian child subject to ICWA.
   7. Ensure the court is notified of termination of the VPA for an Indian child subject to ICWA.
   8. Ensure the SSCM seeks court intervention when the child cannot safely return home; or the parent(s)/guardian(s) or legal custodians are unable or unwilling to regain custody of the child within 180 days of child’s time in care.
      
       
      1. Ensure the petition is filled within sufficient time so the order will be in place prior to the 180th day.
      2. Review the court order for the appropriate judicial determination that continued placement is in the best interest of the child.

PRACTICE GUIDANCE

DFCS may recognize a family is experiencing a short-term crisis (non-safety) with an anticipated end date. The signing of the Voluntary Placement Agreement to Place a Child in Foster Care form (VPA) by parent(s)/guardian(s) or legal custodian(s) avoids court action and allows foster care services to be provided for a limited period. DFCS is under no obligation to accept a VPA. A VPA is executed when the parent(s), guardian(s) or legal custodian(s) and the county department sign the form, Voluntary Placement Agreement to Place a Child in Foster Care.

If DFCS must file a dependency petition because the parent, guardian or legal custodian is unable or unwilling to obtain custody within 180 days, the judicial determination that continued placement in foster care is in the best interest of the child must be made and documented in the court order within 180 days of a child’s entry into foster care via VPA. Another judicial determination of reasonable efforts to finalize the permanency plan (see policy 9.5 Eligibility: Reasonable Efforts) is required within 12 months of the VPA signature date (and every 12 months thereafter), to maintain IV-E payments.

DFCS Requests to Terminate the VPA

DFCS must determine if a family’s circumstances warrant their child voluntarily entering foster care. Likewise, ongoing assessment of those circumstances must occur to determine whether the issues requiring the VPA have been resolved or if the circumstances have changed such that the family is no longer in need of the VPA. If at any time a SSCM finds there is no longer a need for voluntary foster care, in consultation with the SSS, the SSCM will notify the parents in writing. The family will have 14 days from the notice to take custody of their child.

Missing Child or Youth During a VPA

If a child goes missing during a VPA:

1. Follow policy 19.22 Case Management: Missing Children.
2. If the child has not returned or been located by the expiration of the VPA, custody reverts to the parent(s)/guardian(s) or legal custodian(s).
3. If the parent requests an extension, the VPA may be extended up to an additional 90 calendar days based on the individual circumstances of the case, with the county director’s approval. An extension cannot be granted if the child went missing after the VPA was extended as the VPA cannot exceed 180 days. When deciding whether to extend the VPA consider:
   
    
   1. Length of time the child has been missing.
   2. Whether the parents are participating in services and actively working on their case plan outcomes.
4. Prior to the 180th day the case must close if the child has not returned.

FORMS AND TOOLS

Voluntary Placement Agreement to Place a Child in Foster Care (Authorization)

Voluntary Placement Agreement to Place a Child in Foster Care (Authorization) (Spanish) 

Voluntary Placement Agreement to Place a Child in Foster Care (Termination)

Voluntary Placement Agreement to Place a Child in Foster Care (Termination) (Spanish)