Section 4.06 - Voluntary Placement Agreement for Substitute Care(1)Execution. The Department may agree to provide substitute care for a child through a Voluntary Placement Agreement, upon the request of one or both parent(s) or parent substitute(s), or upon the request of a young adult or a mature Child, and when supported by an assessment of the needs of the child conducted by the Department.(a)Minor Child. To finalize the voluntary placement for a minor child, the Department and one or both parent(s) of the minor child shall complete and sign the Department's standard Voluntary Placement Agreement form.(b)Young Adult. To allow a young adult to continue in the Department's care after reaching 18 years old or return to care after reaching 18 years old, the young Adult shall complete and sign a Voluntary Placement Agreement with the Department. The young adult signs the Voluntary Placement Agreement on their own behalf.(2) Form. The Department shall use standard Voluntary Placement Agreement form for a minor child, a mature child, and a young adult to be effective upon the young adult's 18th birthday. The Department's three standard forms shall conform to the following terms. (a) The Voluntary Placement Agreement for a minor child may be in effect for up to 180 days. If the child will remain in placement beyond 180 days, the Department and parent(s) or parent substitute(s) must file a probate court petition for any further extension. Voluntary Placement Agreements for young adults shall be in effect until the young adult leaves placement, reaches 23 years of age, or the Agreement is terminated by either the young adult or the Department.
(b) The Voluntary Placement Agreement is intended to be a flexible document adaptable to the individual needs and circumstances of the client or family; thus, the standard form may be modified as appropriate, so long as any such modifications are in writing and are approved by both parent(s) (or parent substitute(s)) or young adult and the Department.(c) All Voluntary Placement Agreements shall be approved by, and signed by, a Department Area Director, or a designee, and one Department social worker.(3)Mature Child. The Department may enter into a Voluntary Placement Agreement with a mature child younger than 18 years old, without signature of any parent(s). Where a mature child signs a Voluntary Placement Agreement on their own behalf, the Department may only honor the Voluntary Placement Agreement for a period of 72 hours. (a) During the mature child's 72-hour placement period, the Department shall notify the parent(s) of the child, verbally or in writing, that the child has signed a Voluntary Placement Agreement with the Department and is in substitute care.(b) The parent(s) shall not have the right to revoke or terminate the Voluntary Placement Agreement during the 72-hour period, nor shall the parent(s) have the right to know the whereabouts of the child, unless the child specifically agrees and unless the Department determines that to so inform the parent(s) would not be contrary to the child's best interests.(c) At the conclusion of the 72-hour period, the Department shall: 1. Return the mature child to their parent(s);2. Institute court proceedings to obtain custody of the child; or3. Obtain a Voluntary Placement Agreement signed by the mature child's parent(s).(4)Termination of Voluntary Placement Agreement, Minor Child. (a) A Voluntary Placement Agreement involving a minor child may be terminated by one or both parent(s) who have legal custody of the child by giving written notice to the Department, regardless of which parent signed the Voluntary Placement Agreement, provided the non-signing parent or parent substitute has appropriate legal authority.(b) Where a parent or parent substitute(s) gives written notice to the Department terminating a Voluntary Placement Agreement the Department shall honor the Agreement for a maximum period of 72 hours thereafter. During the 72-hour period, the Department may institute court proceedings to obtain custody of the child, if the Department determines the child would be at risk of abuse or neglect if returned home.(c) The Voluntary Placement Agreement automatically terminates if the child placed in substitute care pursuant to the Agreement is returned home to live with their parent(s), or the time period for the substitute care under the Voluntary Placement Agreement expires and has not been extended by a court with jurisdiction over the matter. 110 CMR 4.06(4)(c) does not apply if the child is visiting the child's parent(s) and the current Voluntary Placement Agreement is still operative.(5)Termination of a Voluntary Placement Agreement, Young Adult. (a) A young adult in the Department's care pursuant to a Voluntary Placement Agreement may terminate the Voluntary Placement Agreement by giving the Department three business days' notice.(b) The Department may terminate a Voluntary Placement Agreement for a young adult pursuant to M.G.L. c. 119, § 23(f) by providing a termination notice in writing to the young adult at least 30 days prior to the date of termination of the Agreement. 1. The Department's written termination notice must include notice of the young adult's right to contest the termination of the Agreement through the Fair Hearing Process in conformance with 110 CMR 8.00: Service Denial, Reduction, or Termination.2. If the young adult requests a Fair Hearing to review the Department's decision to termination the Voluntary Placement Agreement, the Voluntary Placement Agreement will continue pending the Fair Hearing determination. Following the Fair Hearing, if the Department's decision is upheld, the Voluntary Placement Agreement will not terminate until at least 14 days following the issuance of the Fair Hearing determination.Amended by Mass Register Issue 1486, eff. 1/6/2023.