sECTION 14:
Voluntary Placement Agreements (VPAs)
VIDEO 1
VIDEO 2
Quick Links to information below
What is a Voluntary Placement agreement (VPA)?
Visitation (Family Time) is not in the VPA & you must demand it
TIP#2 SOCIAL WORKER NON-RESPONSE:
TIP #3 SERVICES AND CLARIFICATION
Where Can a child be placed under a VPA?
Why would a parent consider a VPA?
TIP #5 & #6 – HOW A VPA CAN BE USED AGAINST YOU & THE RISKS OF SIGNING
Key Considerations before signing a VPA:
How long does a VPA last and can it be extended?
What happens if you want to end or revoke the VPA?
TIP#8 DCYF CONTROLS VPA TERMINATION-REVOKING DOESN’T GUARANTEE YOUR CHILD’S RETURN
What if DCYF shuts down my alternatives?
Understanding the VPA form: how to fill it out & attach an addendum to protect your rights
Voluntary Placement Agreement (VPA)
What is a voluntary placement agreement (VPA)?
A Voluntary Placement Agreement (VPA) is a temporary, written agreement between a parent and the Department of Children, Youth, and Families (DCYF) that places a child in out-of-home care without court involvement. Unlike a court-ordered removal, a VPA is initiated by mutual consent between the parent and DCYF. Signing a VPA does not mean giving up parental rights. The parent maintains legal custody while DCYF assumes placement authority for a limited time. WAC 110-50-0060, RCW 74.13.031 (8).
Key features of a vPA
- Non-Court Involved: No judge or formal court process is required for placement under a VPA (Unless the child is Native American, in which case the VPA must be reviewed and signed in court, as we will discuss further below.).
- Temporary Placement: The agreement cannot exceed 90 days, after which a decision must be made about the child’s return home or further action by DCYF.
- Parental Consent: Because the parent still holds legal custody, they must sign and agree to the terms before the child is placed.
💡 You are not required to follow these steps if you feel uncomfortable or prefer to proceed with signing a VPA. This webpage is designed to provide helpful tips—not legal advice or mandatory steps—to help you navigate the VPA process.
Since a VPA is not court-involved and you are not automatically assigned an attorney, it is important to understand your rights and options. Here, you’ll find 8 key tips to help you stay informed and protect yourself as much as possible throughout the process.
💡TIP #1 VISITATION:
Many parents have reported that after signing a VPA, their child was taken into placement, and they were unable to get a response from their social worker regarding visitation or other key concerns. To prevent this, make sure all agreements—especially visitation—are clearly documented in writing before signing.
Visitation a.k.a. family time is not in the VPA and you must demand it:
Visitation, also called “Family Time,” is NOT automatically included in a VPA. If you sign a VPA without a written visitation agreement, DCYF is not may not give you visits with your child. Many parents have shared that after signing a VPA without a clear visitation agreement, they struggled to get in touch with their social worker—often going weeks without seeing their child and facing difficulty even requesting visitation.
How to Protect Your Right to Visitation
✅ Negotiate and demand visitation before signing the VPA.
✅ Get all visitation terms in writing—verbal promises mean nothing.
What to Do If DCYF Denies Visitation
📜 Quote DCYF’s own policy (Family Time & Sibling Visit Policy 4254):
- “Visitation is the right of the family, including the child and parent, when it is in the child’s best interest.”
- “Family time must be face-to-face and occur in the least restrictive setting.”
⚠️ Please note! If DCYF tries to claim that this policy only applies to dependency cases, that is not accurate. The policy clearly states that it applies to children in the placement, care, and authority (PCA) of DCYF—which includes children under a Voluntary Placement Agreement (VPA).
Under a VPA, DCYF has placement authority over the child, meaning they control where the child lives during the agreement. Since this policy provides guidance on visitation for children in DCYF’s care, it should apply to VPAs as well. If DCYF denies this, they would need to show where the policy specifically excludes VPAs—which it does not.
📌 DCYF Policy 4307 – Emphasizes the importance of Family Time and outlines visitation procedures.
📞 Escalate your complaint within DCYF – Keep moving up the chain until someone responds. (See TIP #2)
📝 Document everything – Keep records of all denied visits, emails, and calls.
🚨 Revoke the VPA (last resort)– This forces DCYF to file a court petition, where you can argue for visitation in court with a court appointed attorney.
💡 Bottom line: If visitation is not in writing, it may not exist for the social worker—demand it upfront. If denied, fight back using DCYF’s own policies and legal processes and as a last resort either consider not siging the VPA or revoking if you have signed.
Studies show that consistent contact with a parent is crucial for a child’s well-being, and extended periods without visitation can be harmful to both the child and the parent-child relationship. Weeks without contact can weaken emotional bonds, increase stress and anxiety for the child, and make reunification more difficult. So act quickly if you are not recieving visitation.
💡TIP #2 SOCIAL WORKER NON-RESPONSE:
1️⃣ Call their supervisor and request a response.
2️⃣ If the supervisor does not respond, continue escalating up the chain of command until someone acknowledges your request. (The next person after the social worker’s supervisor is called the Area Administrator and sometimes the supervisor’s phone message will reference this person’s number, if not, look up the number here. (FYI if you are anywhere in the state this weblink works for you since there is a drop down menu for you to pick your city). This will give you the reception phone number and what region you are -Spokane is Region 1- and you can request to speak to an area administrator.
3️⃣ Leave voicemails and send emails documenting your attempts to contact them.
4️⃣ If you decide to revoke the VPA, clearly state this in a written email and voicemail so there is a record of your request.
Lack of communication should never be a barrier to enforcing your rights—keep pushing until you get an answer.
💡TIP #3 SERVICES AND CLARIFICATION:
First, DCYF should clarify what the risk or immediate threat or danger is in the home as to the reason why a VPA is needed. Second, DCYF is required to provide preventive services that aim to prevent or shorten the length of out-of-home placements. RCW 74.13.031(18).
Make sure there is a clear, written plan outlining exactly what services DCYF will provide to help reunite you with your child. This plan should specify:
1️⃣ What services they are offering to address their concerns.
2️⃣ How much progress you need to make in those services before your child can return home.
3️⃣ What changes or safety measures can be put in place at home to allow for reunification.
GET EVERYTHING IN WRITING. Verbal promises mean nothing if they are not documented. A written plan holds DCYF accountable and gives you something to reference if they fail to follow through.
As a parent, you have the right to request a VPA, and if you do, you should ensure the same key details mentioned above—a clear plan for services, progress expectations, and home-based solutions—are documented in writing. However, in most cases, when DCYF offers a VPA to you, it is because they believe your child is in serious danger or unsafe at home. This means they are already assessing risk, and you should proceed with caution, ensuring you understand the implications before signing.
Where can a Child be Placed under a VPA?
A child placed under a VPA does not automatically go into foster care. There are placement options based on the circumstances and availability:
- With a Relative (e.g., grandparent, aunt, uncle).
- With a Suitable Person (e.g., close family friend, mentor, godparent).
- In Licensed Foster Care, if no relative or suitable person is available.
If the VPA does not specify where your child will be placed, you may want to reconsider signing. DCYF policy requires placement preference to be given to relatives or suitable persons with whom the child has a relationship and feels comfortable, provided it is in the child’s best interest.
According to DCYF Policy 4527, (📌 Please note! If DCYF claims that this policy only applies to dependency cases, that is not accurate—the policy does not specifically limit its application to dependencies. Instead, it applies to out-of-home placements, which includes VPAs. The policy itself states: “This policy provides guidance when placing and supporting children or youth when they are placed in out-of-home care with relatives and suitable persons.”) DCYF must follow the parent’s placement wishes unless there is good cause not to. However, if a parent does not want the child placed with a specific relative or suitable person, DCYF is still required to engage that individual to evaluate their suitability for placement.
💡TIP #4 PLACEMENT PREFERENCE:
Before signing a VPA, ensure the placement terms reflect your preferences. If they do not, consider whether signing is the right decision for you and your child.
Why would a parent consider a vPA
A parent might enter into a VPA for various reasons, including:
- A temporary personal crisis (such as hospitalization or unstable housing).
- A need for short-term assistance while working on a family stabilization plan.
- Pressure from DCYF, which may present it as an alternative to court involvement.
In Washington State, VPAs are primarily governed by RCW 74.13.031 and WAC 110-50-0060, which outline the legal basis, requirements, and procedures for voluntary placements. This statute outlines the conditions under which the Department of Children, Youth, and Families (DCYF) can enter into a VPA with a child’s parent or legal guardian, allowing the child to be placed in out-of-home care without court involvement. The agreement must be in writing and signed by both the parent or legal guardian and the department to be effective. Additionally, the statute specifies that any party to a VPA may terminate the agreement at any time.
For Indian children, RCW 13.34.245 provides specific provisions regarding voluntary consent to foster care placement. This statute requires that such consent be executed in writing before the court and accompanied by a written certification that the terms and consequences of the consent were fully explained and understood. It also outlines the process for withdrawing consent and the conditions under which the child must be returned to the parent or Indian custodian upon withdrawal.
These statutes collectively define the legal parameters for VPAs in Washington State, ensuring that parents and legal guardians are informed of their rights and the procedures involved in voluntarily placing a child in out-of-home care.
💡Tip #5 & #6 – How a VPA Can Be Used Against You & The Risks of Signing
Many parents assume that once a VPA ends, it has no further impact on their case. However, this is not always true. Even if your child is returned home, DCYF may still use the VPA against you in the future.
How a VPA Can Follow You:
- If DCYF removes your child again in the future, they may reference the VPA as past evidence that your child was unsafe.
- Signing a VPA is considered an “admission of risk.” Even if you signed under pressure, DCYF can later argue that you acknowledged safety concerns in your home.
- VPAs are on your record. Even if you comply with all conditions and your child returns home, the fact that you signed a VPA remains in DCYF’s system in accordance with their records retention policy, especially if this came in through an intake (DCYF Records Retention Schedule page 13-14).
- If DCYF files a dependency petition in the future, DCYF can testify to the VPA in court and the court may consider the VPA when deciding whether your child should be removed.
Risks of Signing a VPA:
While a VPA may seem like a voluntary option for assistance, it’s important to fully understand the terms and potential risks before signing.
- DCYF controls placement. DCYF has the final say on placement under a VPA, even though their policy states they must consider parental preference. In reality, they can reject your choice for even minor reasons and place your child elsewhere. Unlike in court, where judges must follow laws prioritizing parental preference, DCYF is not legally required to honor your decision prior to court involvement.
- You are giving DCYF access to monitor your family. By signing a VPA, you allow DCYF to continue assessing your home and situation, which may lead to additional concerns or interventions.
- It can lead to a dependency petition anyway. If DCYF later determines your child should not return home, they can still file a dependency petition and use the VPA as part of their case.
Do you have to sign a VPA?
No, you are not legally required to sign a VPA. It is a voluntary agreement, meaning DCYF cannot force you to sign one. However, refusing to sign does not mean DCYF will leave your family alone—it simply changes how they might proceed.
If you decline to sign a VPA, DCYF may respond in one of the following ways:
1️⃣ Close your case – In some instances, DCYF may determine that no further action is necessary, and they will drop the case entirely. However, this is not the most common outcome.
2️⃣ File a dependency petition while your child remains at home – If DCYF believes your child is at risk but not in immediate danger, they may file a dependency petition with the court but not a “pick-up” order. This filing triggers a formal legal process, while allowing your child to remain in your home. You would still have a first hearing called a shelter care in which DCYF would request specifc services be the condition for keeping your child in your home.
3️⃣ File a dependency petition and a “pick-up” order to remove your child from your home – If DCYF determines that your child is in immediate danger and needs to be removed, they can file a pick-up order and a dependency petition in court and request emergency removal. You would have a first hearing called a shelter care in which you could argue before the court why your child should be in your care and that DCYF did not make reasonable efforts to prevent the removal of your child.
NOTE: In #3 DCYF can also request a Authorization for Emergency Placement (AEP) from law enforcement, which allows law enforcement to remove the child right away if either a court does not sign DCYF’s pick up order or if DCYF doesn’t have time to get a pick up order.
💡TIP #7 bEFORE YOU SIGN CALL:
🚨 Before You Sign Anything, Protect Yourself!
DCYF may pressure you into signing a VPA by making it seem like you have no other option—but you always have the right to seek legal counsel first. Once you sign a VPA, you are giving DCYF placement authority over your child, and it can be difficult to undo without complications.
Since VPAs carry with it such heavy implications on your rights as a parent we are happy to announce that there is now a VPA hotline to call for a legal consultation on the ramifications of signing a VPA.
📞 Before signing a VPA, immediately contact the Office of Public Defense Parent Attorney Hotline:
(833) 240-9746.
Free legal consultation available 24/7– Want to learn more about the hotline? Click here for details!
Key Considerations before signing a VPA:
VPAs are often used as a tool of coercion by DCYF. While some parents may need assistance, VPAs can be risky if they are not properly structured.
✅ Before signing a VPA, ask DCYF the following questions:
- What services will I receive during the VPA (see Tip #3)?
- Can my child be placed with a relative or someone we trust instead of foster care (see Tip #4)?
- What are my visitation rights under this VPA (see Tip #1)?
- How can I terminate the VPA if I want my child returned home?
🚩 Most VPAs do NOT include visitation rights unless you negotiate them upfront! If DCYF refuses to provide visitation, reconsider signing the VPA or revoke it if you already have.
How long does a VPA last and can it be extended?
A VPA lasts only 90 days because DCYF Policy 4307 states that VPAs are initially limited to 90 days. However, under WAC 110-50-0080, VPAs can actually last up to 180 days—but only if specific approval requirements are met. All you need to know is that if your child is under 17 years old then it will be 90 days.
For a VPA to be extended beyond 90 days (which is rare because there is a very narrow set of requirements), WAC 110-50-0090 requires an approval process, which includes:
1️⃣ An administrative review under federal law (Title 42 U.S.C. 675, Section 475) must take place before a VPA can be extended beyond 90 days. This review is conducted by a designated review chairperson, who is typically a DCYF official overseeing case compliance (not just a supervisor). The chairperson must determine whether the extension is in the child’s best interest and the following two points. Without all three DCYF legally cannot extend.
2️⃣ A specific return home date within six months must be scheduled.
3️⃣ The child must be 17 years or older for an extension to be considered.
💡 Bottom line: It is clear that in most circumstances the timeline will be 90 days since the scope is so narrow considering the child must be 17 years or older for it to go to 180 days.
What happens If you want to end or revoke the VPA?
If you decide to terminate a VPA and bring your child home, you must formally revoke your consent in writing. Once you do:
1️⃣ DCYF must conduct a safety assessment immediately to determine whether your child can safely return home.
2️⃣ If no safety concerns exist, DCYF is required to return your child within one calendar day (excluding weekends and holidays).
3️⃣ If DCYF believes your home is unsafe, they may, file a dependency petition in court within one day to seek legal custody and prevent your child from returning home.
💡TIP #8 DCYF Controls VPA Termination—Revoking Doesn't Guarantee Your Child's Return:
🚨The VPA may seem voluntary, but in reality, you are giving DCYF control over when—or if—your child comes home. While you may believe you have completed the necessary services or that your home is now safe, you do not get to make that decision—DCYF does. By signing a VPA, you are handing them the authority to determine if and when reunification happens.
Unfortunately, DCYF can keep shifting the requirements for your child’s return, making it harder for you to meet their expectations. Meanwhile, they are often building a case against you, collecting information to justify requesting a pick-up order from the court to keep your child in out-of-home placement even after the VPA ends.
💡 Bottom line: Once you sign a VPA, getting your child home is no longer in your hands. Be very cautious before agreeing to one, and always seek legal consultation first, through the hotline. (833) 240-9746
⚖️The one advantage to revoking a VPA—especially if DCYF is denying you visits or services—is that it forces them to file a legal petition to keep your child out of the home. This triggers a court process, meaning you will be assigned an attorney who can help you navigate the system and fight for your rights.
Once the case is in court, DCYF no longer has the sole power to keep your child from you—instead, a judge will decide. You now have the opportunity to argue for your child to return home with services in place or, at the very least, fight for visitation. The court process adds checks and balances that don’t exist under a VPA, and with an attorney advocating for you, you have a better chance of pushing back against DCYF’s control.
Alternatives to a vPA
If DCYF is pressuring you to sign a VPA, consider the following options:
- Explore family-based care: Ask DCYF if your child can stay with a trusted relative or friend instead of foster care.
- If DCYF claims there are immediate dangers in the home and requests something in writing, ask them to start by following DCYF Policy 1110, which allows them to assess immediate danger and implement a Protective Action Plan. This assessment should be done using DCYF’s Present Danger Guide and Protective Action Guide, ensuring a structured and accountable process for addressing safety concerns. This is instead of going straight to a VPA. See section 6 for further discussion)
- Request Family Voluntary Services (FVS) (see section 9 for further information) or Family Assessment Response (FAR) (see section 8 for further information): This allows you to receive support without losing placement rights.
- Negotiate a safety plan: Instead of signing a VPA, ask if you can follow a safety plan while keeping your child at home.
At this stage, if DCYF is requesting that you sign a VPA, you may want to act quickly to secure an emergency minor guardianship with a trusted friend or relative, or establish a parenting plan with the other parent if they are a suitable placement. You can also explore placement with an out-of-state relative or friend before DCYF initiates a pick-up order for your child.
📌 For more details on Guardianships and Parenting Plans, see Section 15.
what if DCYF shuts down my alternatives?
💡 If DCYF shuts down every alternative, you have to decide:
1️⃣ If you think you can meet their demands under a VPA and get your child back quickly, you might take the risk—but get everything in writing and push for clear terms on what it takes to reunify.
2️⃣ If you think they will keep moving the goalposts or use the VPA to gather more evidence against you, forcing them to go to court might be the better option because at least then, you get a court-appointed attorney and a judge overseeing their actions.
💡 Something to consider: Not signing a VPA limits DCYF’s ability to gather more information against you which could be why they push so hard for parents to sign one.
When you sign a VPA, you’re voluntarily allowing DCYF access to you, your home, your child, and your progress in services. This gives them more time and opportunities to collect evidence they can later use to justify filing a dependency petition to permanently remove your child. Many parents have found that once they signed a VPA, DCYF kept expanding the requirements for reunification while building a stronger case for removal.
By refusing to sign, you force DCYF to act sooner if they truly believe your child is in danger. If they don’t have enough evidence to get a pick-up order, they may back off or reconsider other options (like family-based placement or a safety plan). If they do file for removal, at least you get a court-appointed attorney and legal oversight—something you don’t get under a VPA.
💡 Bottom line: A VPA buys DCYF more time to investigate you and build a case. If they don’t already have enough proof to remove your child, refusing to sign forces their hand and limits their ability to keep collecting information.
⚠️ The downside? DCYF could respond by obtaining a pick-up order or involving law enforcement to remove your child immediately. This is what makes the decision so difficult—there’s no one-size-fits-all answer. Ultimately, only you, as the parent, can decide the best course of action based on your situation.
📞 The hotline can also help you explore your options and make an informed decision. (833) 240-9746.
🚨 No matter what you choose, document everything, ask for everything in writing, and don’t trust verbal promises from DCYF. Be informed, persistent, and strategic.
Every situation is different, and what works for one family may not work for another. This is why we can only outline the potential outcomes of each decision rather than tell you which path to take. The choice is ultimately yours.
Understanding the VPA Form: How to Fill It Out & Attach an Addendum to Protect Your Rights
Below, you’ll find the standard Voluntary Placement Agreement (VPA) form that DCYF uses. Before signing, review every section carefully and be aware of what you’re agreeing to.
🚨 Important Modification: Cross out the section that states DCYF makes educational decisions for your child. As a parent, you should retain the right to make educational choices unless you explicitly agree to give that authority to DCYF. Leaving it as-is allows DCYF to make school-related decisions without your input.
A Proposed Addendum to Strengthen Your VPA
Because the standard Voluntary Placement Agreement (VPA) lacks critical details, some parents may choose to include an additional document to clarify terms and protect themselves. This proposed addendum is an optional tool that can be used to ensure key details are in writing before agreeing to a VPA.
If you choose to use it, you can print it out, fill it in, and request that the social worker sign and attach it to the VPA before you sign anything. This addendum serves to clearly document:
✅ The specific reasons DCYF is requesting the VPA.
✅ A detailed visitation schedule (e.g., “3 times a week for 3 hours”).
✅ Parental preferences for placement (e.g., requesting a relative placement).
✅ What services DCYF is offering to support reunification.
✅ Clear expectations for what must happen for your child to return home.
Will DCYF Accept This?
🚨 DCYF has NOT formally recognized or approved this addendum—in fact, they have likely never seen anything like it before. This document is simply a tool for parents who want to ensure that expectations are clearly outlined in writing before signing a VPA.
Because this addendum holds DCYF accountable for what they are offering and requiring, they may push back or even refuse to move forward with the VPA if you insist on attaching it. This is because it removes their ability to keep terms vague and undefined.
Bottom Line: Know What You’re Agreeing To
A VPA is a legally binding document that can have long-term consequences for you and your child. If you choose to attach this addendum, it can help ensure that important details—like visitation, placement, and reunification expectations—are documented upfront.
⚠️ This is NOT legal advice, nor is this form required by DCYF. It is simply an option for parents who want more transparency before signing a VPA. If DCYF refuses to acknowledge it, you may need to carefully consider whether signing a VPA is in your best interest.
Special Rules for Native American Children:
DCYF should be inquiring immediately about native american status and may have you fill out the Family ancestry chart and the Indian identity request form.
If your child is Native American, the Indian Child Welfare Act (ICWA) applies:
- RCW 13.34.245 requires that:
- The VPA must be signed in court and officially filed.
- The court must ensure you understand your rights and the consequences before approving it.
- You have the right to revoke the VPA at any time, and unless DCYF has obtained a court order, your child must be returned immediately.
- RCW 13.38.150: In Washington State, if a Native American parent or custodian voluntarily agrees to place their child in foster care, the consent is only valid if it is in writing, recorded before a judge, and accompanied by a certification that the parent fully understands the terms and consequences. The court must also confirm that the explanation was given in a language the parent understands. Additionally, the parent or custodian has the right to withdraw their consent at any time, and if they do, the child must be returned to them immediately.
Tribal Involvement:
If your child is a member of or eligible for a Native American tribe:
- The tribe must be notified and have an opportunity to be involved.
- Placement preferences must be followed per ICWA and RCW 13.34.245.
ICWA Protections:
For Native American children, DCYF Policy 2.30.20 governs VPAs and requires the department to follow all procedures outlined in state law. If DCYF has “Reason to Know” the child may be Native American, they must follow ICWA protocols until tribal status is officially determined.
Since the VPA has to be placed on the court record to be valid the parent must also sign a separate consent form for foster/relative care placement. This added layer of protection ensures ICWA compliance and prevents DCYF from bypassing the legal safeguards intended for Native families.
What is reason to know:
The “Reason to Know” rule governs whether a child is considered Native American under ICWA. DCYF is required to investigate and put this on the record if there is any indication—no matter how small—that a child may have Native American heritage. This means that even if:
✔️ The parent thinks they have Native heritage,
✔️ They heard it through family stories, or
✔️ They remember someone in the family mentioning it—
DCYF must treat the case as a Native American case until the child’s tribal status is verified. A child does not have to be a card-carrying tribal member for ICWA protections to apply.
ICWA determined to NOT apply prior to sigining of VPA:
🚨 Here’s the catch: If DCYF sends letters to the tribes based on the “Reason to Know” rule before a parent signs a VPA, and the tribes confirm that the child does not qualify for Native American status, then DCYF is no longer required to follow Native American protocols.
This is deeply concerning because it means DCYF could potentially rush to investigate tribal status before a VPA is signed—thereby avoiding the additional legal protections that apply to Native American children under ICWA.
Native Americans COULD have the right to an attorney during a VPA!:
Section 1.3 of the Native American consent form states that parents have the right to the advice or representation of an attorney when signing a Voluntary Placement Agreement (VPA). However, this right is meaningless if an indigent parent is not actually provided an attorney—especially when facing the power of the state and DCYF.
If you are serious about securing an attorney during this process, you can follow these next steps: Since Native American VPAs must be placed on the court record, parents should invoke their right to an attorney on the record before the judge. At that moment, they should explicitly state that they are invoking Section 1.3 of the consent form and request legal representation. This ensures that their right is not just theoretical but actively exercised and enforced in court.
This is not legal advice. This is a suggestion for parents to try and see if it results in an attorney being appointed. If enough people challenge this on the record, it could force the system to acknowledge and clarify this right.
🚨 If parents start invoking Section 1.3 of the consent form in court, it may expose a major flaw in the system—one that could lead to a fundamental change. The court may try to argue that “right to an attorney” doesn’t mean one will be provided, but in reality, if an indigent Native American parent is being intruded upon by a state agency, they absolutely should be afforded an attorney.
The very use of the word “right” suggests that it is something guaranteed, not optional. If this “right” is meaningless without enforcement, then it is a failure of the system that should be challenged. The more parents who invoke it on the record, the harder it will be for courts and DCYF to ignore.
This approach could be controversial and may result in DCYF refusing to offer a VPA. However, if that happens and DCYF instead files a dependency petition, you will have the opportunity to inform your court-appointed attorney that DCYF denied you the VPA solely because you invoked your right to an attorney as stated in the consent form.
💡 Important Step: Record the date and time of the hearing where you requested an attorney. Your attorney can later pull the transcript to use as evidence during your shelter care hearing.
🚨 DCYF is legally required to make active efforts to support reunification. If they refuse to offer a VPA simply because you requested an attorney, this could be seen as a failure to meet their obligation to provide active efforts.
💡YOU ARE NOT REQUIRED TO FOLLOW THESE STEPS IF YOU FEEL UNCOMFORTABLE OR PREFER TO PROCEED WITH SIGNING A VPA.
Links, Forms & Publications
Resources
- Voluntary Placement Agreement Form
- Proposed Voluntary Placement Agreement Addendum
- Native American Consent form for VPA
- Parent-Child visitation as an opportunity for change: By Marty Beyer Ph.D.
- How can frequent, quality family time promote relationships and permanency? By Casey Family Programs
- FAMILY VISITATION IN THE CHILD WELFARE SYSTEM. University of Washington
- Parent Child visitation. By DCYF
- DCYF will be closely monitoring your visitations, so it’s important to understand what they are evaluating. Review this form, as it outlines the key factors they consider during your time with your child.
- DCYF will be tracking whether you attend visitations, and if you miss them, they will document it using this form. Make sure you understand what they are recording and how it may impact your case.
- If something concerning happens during a visitation—such as the child acting out, hitting, or any other notable incident—the visitation supervisor will complete an Unusual Incident Report to document what occurred. These reports can be used in DCYF’s assessments, so it’s important to be aware of what is being documented.
- Note: If possible, having visitation in the home of the relative who has placement is the preferred option. However, if your child is in foster care, visits will likely take place through a visitation agency—unless a relative who cannot take full placement is willing to supervise the visits instead.
- While this webpage has provided a proposed addendum to the VPA, parents should ask DCYF to use their own visitation plan form to outline a clear visitation plan, if they are not comfortable with the VPA addendum. Ensuring that visitation details are documented in writing helps prevent confusion or unexpected changes later.
- DCYF brochure on successful parent child visitation for parents.
- DCYF brochure on successful parent child visits for the placement/caregiver of the child.
- DCYF may have you complete a Comprehensive Family Evaluation, a Safety Assessment and Plan (see section 12 for assessments) a present danger assessment (see section 6 for further discussions).
- NOTE: Foster care placement is a broad term that includes both traditional foster care and relative placement. In the child welfare system, any out-of-home placement—whether with a licensed foster family or a relative—is considered “foster care.”