Voluntary Placement Agreement Limitations
(1)Under a Voluntary Placement Agreement, the parent or legal guardian retains legal authority over the child and is obligated to continue to exercise and perform all parental authority and legal responsibilities, except those that the parent or legal guardian specifically delegates to the Department by a binding agreement. The agreement specifies, while the child is in placement, the legal status of the child and the rights and obligations of the parent or legal guardian, the child, and the Department.
(2)The Department must use a Voluntary Placement Agreement (CF 499) under ORS 418.312 (When transfer of custody not required) in all cases in which the sole reason for placing the child in a foster home, group home, or institutional child care setting is the need to obtain services for the child’s emotional, behavioral, or mental disorder or developmental or physical disability.
(3)Under a Voluntary Placement Agreement, the Department has responsibility for the child’s placement and care.
(4)The parent or legal guardian who requests substitute care for the child through a Voluntary Placement Agreement may enter into a child support agreement with the Division of Child Support (DCS) or receive a child support order.
(a)The caseworker must inform the parent or legal guardian that he or she may enter into a non-adversarial support agreement with DCS to discharge support obligations. Other, existing child obligations of the parent or legal guardian are not superseded by support agreements with DCS.
(b)The caseworker must provide the parent or legal guardian who signs the Voluntary Placement Agreement with the “DCS Referral for Non-Adversarial Support Agreement” (CF 496). The parent or legal guardian completes the form and returns it to the caseworker. If the form is not returned to the caseworker within 30 days, a support order may be entered.
(c)The caseworker must forward the completed form (CF 496) and a signed copy of the Voluntary Placement Agreement to the Children’s Benefits Unit of the Department.
(5)The parent or legal guardian must provide information to the Department about insurance and other financial resources to meet the medical, dental, and mental health needs of the child by completing a Medical Resource Report Form (DHS 415H).
(6)A Child Welfare Program Manager must approve entering into a Voluntary Placement Agreement.
Rule 413-020-0070 — Voluntary Placement Agreement Limitations,