GEORGIA DIVISION OF FAMILY AND CHILDREN SERVICES

CHILD WELFARE POLICY MANUAL

Chapter:

(9) Eligibility

Policy
Title:

IV-E and Child Enters Care by a

Voluntary Placement Agreement
(VPA)

Policy
Number:

9.7

Effective
Date:

August 2014

Previous
Policy #:

1002.18
1003.7

CODES/ REFERENCES
Title IV-E of the Social Security Act Sections 472 (e), (f) (2) and (g) (1) and (2)
45 CFR Part 1356.22 (c)
REQUIREMENTS
The Division of Family and Children Services shall properly execute the written Voluntary
Placement Agreement (VPA) binding on all parties to the agreement, for any child who enters
care through a VPA. The VPA shall specify at a minimum the legal status of the child and the
rights and obligations of the parents or guardians, the child and DFCS while the child is in care.
DFCS has established a uniform procedure or system, consistent with State law, for revocation
by the parent(s) of a voluntary placement agreement and return of the child. (See policy 10.2
Foster: Placement of a Child via Voluntary Placement Agreement)
The Voluntary Placement Agreement to Place a Child in Foster Care must be signed by both
legal parents.
The signed Voluntary Placement Agreement to Place a Child in Foster Care shall be in effect for
a maximum of 90 days with the possibility of one extension for 90 days. After 180 days, the
VPA is no longer valid.
DFCS shall ensure that within the first 180 days of placement in foster care, there is a judicial
determination made by a court of competent jurisdiction to the effect that the continued voluntary
placement is in the best interests of the child. DFCS policy and practice is that a permanency
plan hearing must be held within 12 months of the childs entry into foster care based on the
initial VPA if the child remains in foster care. (See Policy 3.1 Legal: The Juvenile Court Process)
DFCS maintains the same rights and duties as if DFCS had a court order for temporary custody.
Parental rights and duties are also the same, except the parent has the right to have the child
returned within five (5) working days of submitting a written request; (i.e., Termination of
Voluntary Agreement to Place Child in Foster Care). The same individuals who signed the
Voluntary Placement Agreement to Place Child in Foster Care must sign the form terminating
the agreement.
DFCS shall not accept a VPA if maltreatment is alleged or family circumstances clearly indicate
court involvement is necessary. A dependency petition must be filed in these circumstances.

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PROCEDURES
The Social Services Case Manager (SSCM) will:
1.
Document the effective date of the VPA; i.e., the date that both DFCS and the
parent(s) signed the agreement, on the Legal Status stage of the GA Statewide
Automated Child Welfare System (Georgia SHINES);
2.
Complete all other information in Georgia SHINES as required, including where the
child is placed and its approval/licensure status;
3.
Assist the parent(s) in submitting a written request for return of the child, when
appropriate;
4.
Petition the court when the parent (s)submits a written request for return of the
child and the child cannot be safely returned home;
5.
Monitor the time limits for the VPA; that is, 90 days with a possible extension of
another 90 days. Ensure that 180 days is not exceeded;
6.
If the child cannot be safely returned within 180 days, petition the court before the
second VPA expires;
NOTE: The dependency petition must be filed in time for a hearing to be held, a
judicial determination to be made and the order obtained and signed within 180 days
of the date the original agreement was signed;
7.
At the hearing, ensure the court schedules a permanency plan hearing within
twelve (12) months of the childs entry into foster care based on the initial VPA in
compliance with DFCS policy and practice; (See Policy 3.1 Legal: The Juvenile Court
Process for requirements on permanency plan hearings)
8.
Obtain and review the court order issued as a result of the temporary custody
hearing;
9.
Document that the following judicial determination is made to the effect that
continuation in foster care is in the childs best interest;
10.
Track the months the child has been in care (including the months on VPA) and
ensure that a permanency plan hearing is held within twelve (12) months of the
childs removal. (See 3.1 Legal: The Juvenile Court Process for requirements on
permanency plan hearings.)
NOTE: See policy 10.2 Foster Care: Placement of a Child via Voluntary Placement Agreement
in the Foster Care Services section of the manual for additional guidance.
The Revenue Maximization (Rev Max) Specialist will:
1.
Determine whether the child meets the AFDC Relatedness criteria in the month in
which the Voluntary Placement Agreement was signed. A judicial determination
of reasonable efforts to prevent removal is not required to meet IV-E eligibility
2.
Make a Medicaid 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).
PRACTICE GUIDANCE
A Voluntary Placement Agreement to Place Child in Foster Care is executed by a parent(s)
signing the form and the County DFCS signing the form. The same form is signed by a
parent(s) when placing a child for whom adoptive planning is being considered. The County
Department is under no obligation to accept a Voluntary Agreement to Place Child in Foster
Care. Used appropriately, the County Department may recognize that a family may be

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experiencing a short-term crisis with an anticipated ending date. The signing of a VPA by both
legal parents avoids court action being taken and allows foster care services to be provided for
a time-limited period.
A 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.
FORMS AND TOOLS
Voluntary Placement Agreement to Place Child in Foster Care
Termination of Voluntary Agreement to Place Child in Foster Care

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