Voluntary Placement is a planned and time-limited approach, with the goal of returning children safely to their home without juvenile court intervention. It aims to reach consensus on a safety plan that protects the child and preserves the family. Voluntary Placement promotes family decision-making by specifically encouraging families to do the following:

Determine the need for out-of-home care

Participate in the development of a case plan, including the appropriate time for the child’s return home

Prior to entering into a Voluntary Placement Agreement (VPA) with a parent or legal guardian, the CSW is required to make every effort to keep the family together through the use of Family Maintenance and the Family Preservation Program.

The only exception is in a case of Voluntary Placement that is pending relinquishment

A CSW cannot enter into a Voluntary Placement case plan with a child/youth/nonminor dependent (NMD) that is a dependent of the court until the child/youth has consulted with his/her attorney

CSWs may utilize a Child Family Team Meeting (CFTM) to engage with the family to determine if Voluntary Placement is appropriate in lieu of court intervention

ERCP CSWs cannot use Voluntary Placement services. When an ERCP CSW identifies a family that may benefit from a Voluntary Placement Agreement, he/she should instead:

Document this identification in the Contact Notebook and/or Investigative Narrative

Send the child abuse referral to the Regional Office as a follow-up

If a safety threat was identified on the Structured Decision Making (SDM) Safety Assessment, an SDM Safety Plan must be in place by the ERCP CSW after he/she completes the SDM assessments

The use of Voluntary Placement services is limited to 180 days or 90 days before the minor turns 18 years of age, whichever comes first. The time line begins when the child’s parent(s) sign the SOC 155, Voluntary Placement Agreement-Placement Request.

If Voluntary Placement exceeds 180 days, the child will permanently lose federal eligibility

DCFS will review the case at 150 days or 105 days before the minor turns 18 years of age to determine if the child can be safely returned to the parents

If after five (5) months or 105 days before the minor turns 18 years of age the situation is not resolved and the CSW cannot return the child home and close the case, or the child cannot return home with a Voluntary Maintenance Agreement, the CSW must:

File a WIC 300 petition

The petition must be prepared and filed no less than fifteen (15) days prior to the conclusion of the 180-day period or the 90-day period before the minor turns 18 years of age, whichever comes first

Obtain court findings to remove the child before the conclusion of the 180-day period or 90-day period before the minor turns 18 years of age, whichever comes first

The failure to file a petition and obtain a judicial decision before the conclusion of the 180-day period or 90-day period before the minor turns 18 years of age will result in the child being found ineligible for AFDC FC foster benefits, per All County Information Notice (ACIN) 1-74-09. The child may still be eligible for state foster care payments, however.

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Voluntary Placement Eligibility

Inter-County Transfers (ICTs) only apply to cases with court involvement. They do not apply to Voluntary Placement cases.

Once it is determined that Voluntary Placement is necessary, a child receiving any of the following services will be considered for Voluntary Placement Services:

Emergency Response (ER) services

Voluntary Family Maintenance (VFM) services

Permanent Planning (PP) services in the home of a legal guardian without dependency status (e.g. Kin-Gap)

The parent/legal guardian must retain legal custody of the child during the term of the Voluntary Placement. He/she may, by written authorization, allow the foster parent to make educational and medical decisions for the child.

To be eligible for Voluntary Placement services, a child’s case must meet all of the following conditions:

The child is not presently a dependent of the Juvenile Court

The parent/legal guardian agrees to the need for out-of-home care and the reason(s) for placement

The parent/legal guardian is unable to arrange resources necessary for the care, supervision, and protection of the child without Voluntary Placement services

There is reason to believe that the case plan goals can be achieved within five (5) months of the date of the voluntary placement

The problem for which the child is being placed is not one for which the child or the child’s siblings were previously made dependents of the court

If the conditions above are met, the following should also be assessed to ensure that juvenile court intervention is not necessary to protect the child:

The SDM assessment tools demonstrate that Voluntary Placement services are appropriate, by specifically indicating all of the following:

Safety Assessment results in Section 4, (Placement Interventions #10 [i.e., "Have the caregiver voluntarily place the child outside the home, consistent with WIC 11400 (o) and (p)"]

Risk Assessment shows a Low to Moderate risk level

A Voluntary Placement does not result in the postponement of necessary court intervention

The result of criminal record checks from Live Scan for the parent(s)/legal guardian(s) do not indicate additional safety threats

A parent/legal guardian’s refusal to submit to Live Scan alone does not prevent the provision of Voluntary Placement services

A parent’s/legal guardian’s refusal must be documented in the Contact Notebook

CSW should consult with the SCSW to determine whether to use Voluntary Placement services.

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Cases for Voluntary Placement

Voluntary Placement should be considered in the following instances in lieu of filing a WIC 300 petition:

When a parent is considering relinquishment of a non-dependent child

Voluntary Placement provides a five (5) month window, during which the biological parents may explore their feelings and ask questions about adoption

The parent’s decision must be made without coercion

When a family has a child with an Individual Education Plan (IEP) that recommends out-of-home care and there is a safety concern with the child. remaining in the home pending the Department of Mental Health (DMH) assessment

The Department of Mental Health (DMH) cannot place the child until a lengthy assessment process is complete.

When the parent/legal guardian is hospitalized

When the parent/legal guardian is incarcerated for an offense that cannot be directly construed as child endangering and they have not made an appropriate plan to leave their child with a relative, NREFM, or other caregiver

When the parent/legal guardian refuses to accept the return of a child from a psychiatric hospital

When there is a severe parent-child conflict that involves child abuse or neglect

When the parent/legal guardian is entering a residential substance abuse treatment program and they have not made an appropriate plan to leave their child with a relative, NREFM, or other caregiver

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PROCEDURE

Initiating a Voluntary Placement Agreement (VPA) when a Child is in Need of Out-of-Home Care

Regional CSW Responsibilities

Explain to the parent(s)/legal guardian(s) the options available to ensure a child’s safety. These options include:

Voluntary Family Maintenance (VFM) services

Family Preservation (FP) services

A non-detained petition

Voluntary Placement

As a last resort, detaining the child from the parent(s)/legal guardian(s)

Ask the parent(s)/legal guardian(s) if he/she would like to involve faith-based practitioners or other community support persons to help with placement.

Inform the parent(s)/legal guardian(s) and child (if age appropriate) that:

A Voluntary Placement agreement can be withdrawn at any time

Even during a child’s placement, the child may be returned to the parent

Whenever possible in the office/Service Planning area (SPA), utilize the CFT approach to determine if Voluntary Placement is appropriate.

If the parent is a minor and a dependent of the court or an NMD, utilize the Pregnant and Parenting Teen (PPT) conference

Consult with the SCSW to determine whether to use Voluntary Placement services.

Determine with the parent(s)/legal guardian(s) whether he/she is prepared and willing to do all of the following:

Cooperate in developing and carrying out a case plan, including developing a plan for the child’s return home if that is the goal.

Sign all required forms

Ensure that he/she understands that:

The parent/legal guardian must retain legal custody of the child during the term of the Voluntary Placement

The parent/legal guardian may, by written authorization, allow the foster parent to make educational and medical decisions for the child

Notify the parent that he/she will be referred to the Child Support Services Department (CSSD) to be assessed for child support payment.

Every parent with a child in out-of-home care, whether voluntary or court-ordered, is referred to Child Support Services Department (CSSD) for child support. The CSSD must contact the family

Do not discuss specific figures regarding the parent’s share of financial responsibility

Parents/Legal guardians of placed children should not be referred to the CSSD for child support if the safety and well-being of the child would be endangered or if such a referral would pose a barrier to reunification

Meet with the parent(s)/legal guardian(s) and children (if age appropriate) to discuss the reasons for placement.

Work with them to develop the case plan

Counsel the child as to what to expect with regard to the placement.

Obtain the signature of the parent/legal guardian on all of the following forms:

SOC 155, Voluntary Placement Agreement-Placement Request

Explain the terms and conditions

The form must be signed by all parents/legal guardians participating in the case plan

Do not obtain the signature in cases where the parent is a minor and a dependent of the court

The completed case plan

When the parent is a dependent of the court, or an NMD, do not finalize the initial Voluntary Placement case plan until he/she has consulted with his/her attorney and it has been documented that the consultation took place.

Provide the phone number of the child’s attorney if he/she does not have it. If the number is not available, provide the child with the Children’s Law Center main number (323) 980-1700

ABCDM 228, Applicant's Authorization For Release of Information

DCFS 179, Parental Consent and Authorization for Medical Care and Release of Health and Education Records

DCFS 179-MH, Parental Consent for Child's Assessment & Participation in Mental Health and/or Regional Center Developmental Services

DCFS 179-PHI, Authorization for Disclosure of Child's Protected Health Information

Provide the parent(s)/legal guardian(s) with a copy of all signed forms and the original SOC 155.

Take a photograph of each child who is entering Voluntary Placement.

At the time of placement, give the placement agencies/caregivers the following:

A copy of the following documents:

SOC 155

DCFS 179

DCFS 179-MH

Complete Health and Education Passport (HEP) binders, including all documents required for detention cases

File a copy of the SOC 155 in the Placement Folder.

File the original case plan in the Case Activity Recording Folder.

Enter the case information into CWS/CMS as follows:

Case Status: Voluntary

Service Component Type: FR

Legal Authority: Parent-Agency Agreement

Select an appropriate and least restrictive placement.

Request a placement package via the FCSS Automated 280 and submit with a copy of the signed SOC 155 to the Eligibility Workers (EW).

If the selected caregiver is a relative or a nonrelative extended family member, see the procedure for Evaluating a Prospective Caregiver.

Before a voluntary placement can be agreed to, the home of a prospective caregiver and the caregiver’s ability to meet the child’s needs must be assessed pursuant to WIC 361.4.

A youth can be placed through a Voluntary Placement Agreement (VPA) in the home of a relative or extended family member who has been approved via WIC 361.4 without that person being first approved as a Resource Family.

Within one (1) calendar day of placement, refer the home for RFA approval in accordance with the procedures in Placement Prior to Resource Family Approval.

If the selected placement is a group home (GH) or Short-Term Residential Treatment Program (STRTP), consult with the ARA before proceeding with placement.
If time permits, arrange pre-placement visits to the placement resources located through CWS/CMS.

Arrange for the child’s placement per the procedures for Responsibilities for Placement.

If the child is being placed based on an IEP recommendation for placement, indicate that on the DCFS 280 and send to the Eligibility Worker.

Clearly state expectations regarding family visits on the DCFS 709, Foster Child Needs and the Case Plan Summary.

Make sure that these expectations are consistent with the agency/caretaker policies and comfort level before making the placement.

Inform the placement agency/caregiver that this is a voluntary placement and that it will last no more than 180 days or 90 days before the minor turns 18 years of age, whichever comes first. Explain that after the 150 days or 105 days before the minor turns 18 years of age, the case will be reviewed and DCFS will determine either to:

Invoke court processes and detain the child at a later date, or

Safely send the child home and either close the case or provide for additional services through a Voluntary Family Maintenance Agreement.

Regional SCSW Responsibilities

Discuss the case, case plan goals, and activities required to meet the goals with the CSW.

Review the Child Welfare Services Case Plan, SOC 155, and SDM tools used.

If the case is approved,

Sign and photocopy the SOC 155

Approve the case plan online

Sign the case plan

Return the original SOC 155 with the signed case plan to the CSW

Send a copy of the SOC 155 to the ARA

If the case is not approved, return the case documents to the CSW for corrective action.

Maintain a control log or reminder ‘pop-up’ file to ensure review of the case in five (5) months or 105 days before the minor turns 18 years of age, whichever comes first.

Include the proper calculation of the 180-day date or 90-day date before the minor turns 18 years of age, for the conclusion of the Voluntary Placement.

The time period is calculated from the date and signature of the SOC 155 by the parent(s)/legal guardian(s)

If the child cannot be returned within five (5) months or 105 days before the minor turns 18 years of age, whichever comes first, file the petition fifteen (15) days prior to the conclusion of the 180-day period or the 90-day period before the minor turns 18 years of age, whichever comes first.

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Implementing a Voluntary Placement Agreement

Regional CSW Responsibilities

Consult with the placement agency/caregiver before making a decision to reunify or to invoke the court process to detain the child.

Visit the child, caregiver, and parent(s)/legal guardian(s) according to Family Reunification requirements.

Assess the progress being made towards the case plan goals during each contact with the child, parent(s)/legal guardian(s), and/or collateral contacts.

At any point the parent/legal guardian and CSW may determine that the child can safely return, or the CSW may determine that a WIC Section 300 petition must be filed

Five (5) months (150 days) or at least 105 days before the minor turns 18 years of age, whichever comes first, from the date the parent/legal guardian signed the SOC 155, assess if the case can be closed or provide for additional services through a Voluntary Family Maintenance Agreement by doing the following:

Complete the SDM Reunification Reassessment.

Review the case plan.

Schedule a CFTM to determine the next course of action.

If the determination is to return the child home:

Change the CWS/CMS service component type to FM. If additional services are required, see Family Maintenance Services for Court & Voluntary Cases.

If no further services are needed, terminate the case and offer the parents extended services through a Voluntary Maintenance Agreement.

If the child cannot be returned home, file the WIC 300 petition no less than fifteen (15) calendar days prior to the conclusion of the 180-day period or 90-day period before the minor turns 18 years of age, whichever comes first.

Change the CWS/CMS case status to “court involvement.”
If detaining a child from an NMD or teen parent who is receiving an infant supplement, submit a request to terminate the infant supplement via the Foster Care Search System (FCSS) application Automated 280 process.

Document all contacts with parents, legal guardians, children, and collateral contacts, as well as the results of the initial home inspection, and results of all criminal clearances, in the Contact Notebook.

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Initiating a Voluntary Placement Agreement for an Indian Child

Case-Carrying CSW Responsibilities

A parent of an Indian child may withdraw his/her consent for any reason at any time, and the child must thereafter be returned to the parent.

Complete the steps for initiating a Voluntary Placement Agreement (VPA) when a Child is Need of Out-of-Home Care.

Use SOC 155C, Voluntary Placement Agreement Parent/Agency (Indian Child), instead of SOC 155. A parent/Indian custodian may voluntarily place an Indian child in foster care by signing the SOC 155C.

If the child is at least ten (10) days of age, have the parent/Indian custodian complete and sign the DCFS 5640, Consent to Voluntary Placement of an Indian Child and Certification, and the SOC 155C.

Explain the terms and consequences of these forms.

Inform the parent/Indian custodian that he/she must attend court for a judicial officer to witness the signing of the DCFS 5640.

Contact the County Counsel assigned to Department 421 at (323) 526-6821 to have the matter scheduled on their calendar for a valid consent hearing.

Complete and send the DCFS 5640, the SOC 155C, and a cover letter to County Counsel.

The cover letter should indicate the reason for the Voluntary Family Reunification (VFR) and the parent’s desire to participate in this option

If the Indian child’s safety is imminent, ensure the temporary custody of the Indian child.

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Responding to the Out-of-County Move of a Family Receiving Voluntary Placement

CSW Responsibilities

Inter-County Transfers (ICT) do not apply to Voluntary Placement cases.

Assess and consult with the SCSW to determine whether either of the following can occur:

The child can be returned home safely resulting in the Voluntary Placement agreement being terminated, or

The child cannot be returned safely.

Continue to provide Voluntary Family Reunification services

At the five (5) month mark of the child being in out-of-home care, assess the child to determine whether the child can be returned home safely or if a WIC 300 petition must be filed on his/her behalf

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APPROVALS

SCSW Approval

SOC 155, Voluntary Placement Agreement

Case Plan

HELPFUL LINKS

Forms

CWS/CMS

Case Plan Family Assessment

Child Welfare Services Case Plan

SOC 155, Voluntary Placement Agreement-Parent/Agency

LA Kids

DCFS 179, Parental Consent and Authorization for Medical Care and Release of Health and Education Records

DCFS 179-MH, Parental Consent for Child's Assessment & Participation in Mental Health and/or Regional Center Developmental Services

DCFS 179-PHI, Authorization for Disclosure of Child's Protected Health Information

DCFS 280, Technical Assistance Action Request

DCFS 709, Foster Child Needs and case plan Summary

DCFS 5640, Consent to Voluntary Placement of an Indian Child and Certification

SOC 155, Voluntary Placement Agreement-Parent/Agency

SOC 155C, Voluntary Placement Agreement Parent/Agency (Indian Child)

Referenced Policy Guides

0070-548.01, Child and Family Teams

0070-548.20, Taking Children into Temporary Custody

0070-548.25, Completing the Structured Decision Making (SDM) Safety Plan

0070-559.10, Clearances

0080-502.10, Case plans

0080-503.00, Contacts with the Child Support Services Department (CSSD)

0080-505.20, Health and Education Passport (HEP)

0080-502.25, Family Maintenance Services for Court and Voluntary Cases

0100-510.17, Placing a Child in Out-of-Home Care

0100-510.40, Services for Teen Parents

0100-510.61, Placement Responsibilities

0100-520.05, Placement Prior to Resource Family Approval

0100-520.10, Evaluating a Prospective Caregiver

0100-520.35, Kinship Guardianship Assistance Payment (Kin-GAP) Program

0200-508.10, Relinquishment Procedures and the Statement of Understanding

0300-506.05, Communication with Attorneys, County Counsel, and Non-DCFS Staff

0400-503.10, Contact Requirements and Exceptions

1000-504.75, Intercounty Transfer (ICT)

1200-500.05, Adopting and Serving Children Under the Indian Child Welfare Act (ICWA)

1200-500.81, Family Preservation Program Services as Part of the Welfare-to-Work Plan

Statutes

All County Information Notice (ACIN) I-74-09 – In part, identifies the consecutive six (6) month period as exactly 180 days. States that the filing of the petition and declaration of the child as a dependent child under WIC Section 300 must be obtained before the conclusion of the 180 day period to continue federal funding.

Government (GOV) Code 7572.5 – States, in part, that any member of the individualized education program (IEP) team may recommend residential placement for a child that is seriously emotionally disturbed based on relevant assessments. The IEP shall determine how the child’s needs can be met through non-residential services or residential care.

Welfare and Institutions Code (WIC) Section 361.4 – Details the steps required to make an emergency placement of a child pursuant to subdivision (d) of Section 309 or Section 361.45, including an in-home inspection, criminal records checks, and child welfare records review.

WIC Section 11400 (o) – Defines "voluntary placement" as an out-of-home placement of a child by (1) the county welfare department, probation department, or Indian tribe that has entered into an agreement pursuant to Section 10553.1, after the parents or guardians have requested the assistance of the county welfare department and have signed a voluntary placement agreement, or (2) the county welfare department licensed public or private adoption agency, or the department acting as an adoption agency, after the parents have requested the assistance of either the county welfare department, the licensed public or private adoption agency, or the department acting as an adoption agency for the purpose of adoption planning, and have signed a voluntary placement agreement.

WIC Section 11400 (p) – Defines "voluntary placement agreement" as a written agreement between either the county welfare department, probation department, or Indian tribe that has entered into an agreement pursuant to Section 10553.1, licensed public or private adoption agency, or the department acting as an adoption agency, and the parents or guardians of a child that specifies, at a minimum, the legal status of the child and the rights and obligations of the parents or guardians, the child, and the agency in which the child is placed.

WIC Section 16507.2 – Prior to entering into a voluntary placement agreement with a parent or guardian, the social worker shall make every attempt to keep the family together by offering appropriate child welfare services except in the case of a voluntary placement pending relinquishment.

WIC Section 16507.3 – Limits Voluntary Placement to a maximum of six (6) months.

WIC Section 16507.6 – States, in part, that if a minor has been voluntarily placement with the county welfare department for out-of-home placement by his/her parents or guardians, and the minor has remained out of their physical custody for six (6) consecutive months or at least ninety (90) days before the minor turns 18 years of age, the department shall take one of the actions listed.

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