What is Voluntary Placement?

Sometimes you might not be able to take care of your child for a while. If this happens, you can choose to place your child in foster care temporarily. This is called "voluntary placement" because you, not a judge, make this choice. The consequences of placing your child in foster care are very serious and you should know what they are.

You can ask for voluntary placement only if:

• You really can't take care of your child right now
• It's necessary
• It's best for your child

When you choose voluntary placement, you'll sign a paper called a "voluntary placement agreement." This agreement lets you place your child with an agency that will take care of them. The agency will try to help you and your child get back together later.

Before taking your child into foster care, the agency will try to find your relatives, like grandparents, who might be able to be foster parents. Your child might also live in a group home.

 

Who makes decisions about my child in foster care?

When your child goes into foster care, the Administration for Children's Services (ACS) or a foster care agency gets "legal custody." This means they make everyday decisions about things like:

• Bedtime
• Who your child can be friends with
• Daily activities

You still make the big decisions about your child's:

• Medical care
• Mental health care
• Education

This is true unless a court has taken away or limited these rights.

 

Can I be forced to put my child in foster care?

No! You can never be forced to put your child in foster care. Do not be afraid to tell ACS you want to talk with a lawyer. You should always try to talk to a lawyer before making this decision. 

ACS will try to help you keep your child at home first. They have services that might help you avoid foster care.

Also, if you need to place one child in foster care, you don't have to place all your children.
 

What is a Voluntary Placement Agreement?

You will have to sign a contract called the “Voluntary Placement Agreement” to place your child in foster care temporarily. In this agreement, you can:

• Say how long you want your child to stay in foster care
• Set a date or event for when your child should come home
• List your rights to visit and get help

For example: If you're sick and in the hospital, you can write that your child should come home when you finish treatment and leave the hospital.

Before you sign:

• You have the right to talk to a lawyer first
• The agency will give you a list of free lawyers
• You need someone to witness you signing
• You'll get a copy to keep

 

Will I have to go to court?

Yes, after you sign the voluntary placement agreement and if your child is likely to stay in foster care for more than 30 days, a judge will review the voluntary placement agreement signed by you at an initial court hearing. A judge will review your agreement at a hearing, called a "§ 358-a hearing."

You should go to this hearing. At the hearing, the judge makes sure:

• The placement was needed
• You understand the agreement
• You signed it of your own free will

You'll get court papers (called a "petition") that tell you when to come to court. The court will give your child a lawyer. If you can't afford a lawyer, the court will give you one too.

After this, the court will schedule another type of hearing called a "permanency hearing" to check on how things are going.
 

What are my rights and responsibilities once my child is in foster care?

When your child is in foster care, you must:

• Visit your child regularly
• Work with the agency on their plan to help you
• Try to fix the problems that made you place your child in care

The agency must:

• Make a plan with your help (if you're 10 or older, your child helps too)
• Give you services to help, like:
  • Day care
  • Help at home
  • Parent training
  • Transportation
  • Emergency shelter
  • Help with rent
  • Crisis care

Remember: If you don't follow through with your responsibilities, you could lose your parental rights.

 

What is a permanency hearing?

This is a special court hearing where a judge:

• Checks how your child is doing in foster care
• Reviews evidence about your ability to care for your child
• Talks to your child (in a way that fits their age)
• Makes decisions about the future

The judge will decide if:

1. You and your child should work on getting back together (this is usually the first goal)
2. The agency should keep trying to help you
3. Your parental rights should be ended

You have the right to a lawyer at these hearings.

 

How do I get my child back?

There are two ways:

1. If your agreement included a return date or event:
   • Your child should come home then
   • But the agency can keep your child if there's a court order (for example, if you abandoned the child for six months, have mental illness and are unable to care for the child, or in cases of severe or repeated child abuse, among others)
   • Even if the agreement contains a specific date or event for return, you can ask in writing to get your child back earlier. The agency can either:
     • Return your child
     • Or, notify you that the request is being denied within ten days after receipt of your written request. If the agency denies the request, you will need to go to court to terminate placement.
2. If your agreement didn't include a return date:
   • You can ask to have your child back at any time
   • The agency has 20 days to either:
     • Return your child
     • Get a court order to keep your child

If the agency won't return your child, you can go to court and file a petition to terminate placement. Go to the court clerk and tell them what you want to do; the clerk will help you fill out the forms you need and tell you what to do next. You are entitled to have a lawyer given to you if you cannot pay for a lawyer yourself.