RCW 13.34.245 Voluntary Consent to Foster Care for Indian Children, Validation, Withdrawal of Consent, Termination If the judge does not approve the placement, ACS may send your child home or ACS may initiate negligence proceedings against you. The social worker may tell you that if you do not agree to place your child in foster care, ACS will sue you. Even if you are told, you should not feel compelled to sign this agreement; You should only sign it if you truly believe it`s the best thing you can do for your child. If you agree to place one of your children in foster care, it does not mean that you have to put all your children in place. Every child has a different situation. When a child is placed in foster care, ACS receives custody of that child. This means that the ACS or care agency makes the day-to-day decisions regarding your child`s care: for example, when your child goes to bed and gets up, who your child may have as friends, and similar questions. The judge can also determine whether the child has been properly placed and how long the voluntary placement lasts. If I decide to voluntarily place my child, who decides on the custody of my child – me or the child care agency? Once the child has been placed in foster care for 1 year, placement in a permanent hearing is reviewed under the Adoption and Safe Families Act (ASFA). If you decide to accommodate your child, ACS will give you a contract to sign, called a voluntary placement agreement. You have the right to (re)consult a lawyer before signing the contract.
This is very important because you can negotiate certain terms in the agreement. You can write on behalf of the agency or person where your child will be placed. The agreement also allows you to enter a date or event when your child will return to your care. You are required by law to provide for your child if the child is placed in foster care. The City may ask you to agree to pay a certain amount of family allowances each month. The judge approves the placement as long as the following conditions are met: You retain your parental or guardianship rights, which include the right to decide matters of importance to your child, at para. B the religion your child will practice, if your child is taking medication, is on a special school program, undergoing surgery, joining the military, or getting married. If the agency does not return your children, you can go to court and file an application for termination of placement (do not be confused; it has nothing to do with the end of a parent`s rights). Go to the clerk and tell him what you want to do. The clerk will help you fill out the forms you need and tell you what to do next.
You have the right to have a lawyer appointed to represent you if you cannot pay a lawyer yourself. If a parent or guardian is unable to care for a child, they can sign a voluntary accommodation agreement. This agreement allows the child to be placed in a temporary foster family through a social service post. Sometimes a parent or guardian decides that it is necessary, or at least better, for their child to live in a place other than home. One example is a teenager who is constantly in trouble; Another could be when a child needs special treatment for behavioral problems. In these situations, one of the parents has the foster family for the child. When a child is placed in foster care, this is called “placement.” When a parent and not a judge makes the decision to house the child, it is called “voluntary placement”. The document that the parent signs to accommodate the child is called a “voluntary placement agreement.” “Foster Families” means any situation organized by the Children`s Services Administration (CAS). A private home, group home, or group facility, such as an inpatient treatment centre, may be a “foster home.” Once your child has been placed in foster care for twelve months, ACS must seek court approval to continue keeping your child in custody. ACS or the child care agency must file an application and ask the court to review your child`s foster status.
This is called “review 392,” according to the part of the Social Services Act that describes the review. The petition should state what the agency wants the judge to decide and what is the purpose of permanency for your child Voluntary placement arrangements are seen by many as a way to take care of the physical and emotional well-being of children while reducing stress and anxiety for families. As with most custody arrangements, these are complex state laws. An experienced family law lawyer can help you navigate the process if it`s a good option for your family and give your case the attention it deserves. 358(a) Hearing: A judge reviews the voluntary placement agreement signed by the parent or guardian to determine whether the foster care of the child was both voluntary and necessary. Even if you agree in writing to place your child in foster care, there will be legal action on the placement as long as your child remains in foster care for more than 30 days. This is called the “358-a” hearing, named after the part of the Social Security Act that requires these hearings. You will receive court documents (a “motion”) that will give you a date when your case will be heard by the court. The petition must include a note stating that if your child remains in foster care for 15 months, the agency may be required by law to file a petition to terminate your parental rights. The purpose of a 358-a hearing is for the judge to know if you understand the voluntary mediation agreement you signed and if you signed it voluntarily. It is very important that you go to the hearing.
Services: The agency must provide you with services (called “preventive services”) that will help you resolve issues (unless a judge decides that the agency no longer needs to try to help you). In fact, you are entitled to preventive benefits when you need them, whether your child is at the shelter or not. ACS should always provide you with preventive services before your child is placed to try to avoid placement altogether. You are never required to place your child in foster care and you should always try to speak to a lawyer before making the decision to place your child. Don`t be afraid to tell ACS that you want to talk to a lawyer. The consequences of placing your child in foster care are very serious and you should know what they are. Sometimes a social worker says that a parent must place their child in foster care; This can happen when a teenager who is in placement himself has a baby. The clerk might say that this is the only way for the baby and the teenage mother to stay together. That`s not true. Planning: Planning means taking steps to clarify the issues that led you to place your child in foster care so that you and your child can be reunited.