1.2.5 Voluntary Placement of Children
Volume 1: |
Agency Standards |
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Chapter 2: |
Services to Families |
Section 5: |
Voluntary Placement of Children |
Approved: |
2022/06/30 |
This section pertains to the use of voluntary placement agreements for placing children into the care of a child and family services agency.
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Voluntary Placement Agreements
Section 14 of The Child and Family Services Act (the Act) provides for a parent, guardian or other person who has actual care and control of a child, to enter into a voluntary placement agreement (VPA) with an agency for the placing of a child without transfer of guardianship. An agreement may be entered into:
- when a person is unable to make adequate provision for the care of a child because of illness, misfortune, or other circumstances likely to be of a temporary duration, or
- because the child:
- is a child with a mental disability as defined in The Vulnerable Persons Living with a Mental Disability Act,
- is suffering from a chronic medical disability requiring treatment which cannot be provided if the child remains at home, or
- is 14 years of age or older and beyond the control of the person entering into the agreement.
Subsections 14(2) and (3) set limits on the duration of agreements and renewals. Subsections 14(4) and (5) provide for the termination of agreements or renewals by an agency or the person who entered into the agreement.
Subsection 15(1) states an agreement by a minor is valid. Subsection 15(2) requires a person who enters into such an agreement with an agency to provide financial information prescribed by regulation.
Prescribed Forms
Schedule A of the Child and Family Services Regulation contains prescribed forms as follows:
Form CFS-7 – Voluntary Placement Agreement
Form CFS-8 – Renewal of Voluntary Placement Agreement
Form CFS-9 – Termination of Voluntary Placement Agreement
Form CFS-10 – Declaration of Family IncomeThese forms cannot be changed other than by an amendment to the regulation. They are available on CFSIS in Forms. VPA, Renewal of VPA and Termination of VPA (Case Management/VFS EPS/Prescribed) and Declaration of Family Income (Case Management/Admin).
Section 33 of the Child and Family Services Authorities Regulation
The authority may require an agency to submit all or any agreements under sections 12, 13 and 14 of the Act for approval.
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Use of Voluntary Placement Agreements
Use of voluntary placements under section 14 of the Act is consistent with an agency’s duty under section 7 to provide family guidance, counselling, supervision and other services to families for the protection of children.
An agency may enter into a voluntary placement agreement (VPA) with a parent, guardian or person who has actual care and control of a child when:
- Strategies to maintain the child in his or her home have been fully explored with the family and are not an appropriate solution.
- The legal criteria in subsection 14(1) of the Act apply.
- The applicant is willing to maintain contact with the child in care and to resume care of the child when circumstances or conditions change sufficiently to allow the child to return home.
Entering into a VPA under section 14 of the Act is inappropriate when one or more of the following apply:
- A child is in need of protection pursuant to section 17 of the Act and the use of voluntary placement will not ensure the child’s safety and well-being.
- The parent, guardian or person who has the actual care and control of the child has not freely and willingly agreed to voluntary placement.
- A child under 12 years of age who is not mentally disabled as defined in The Vulnerable Persons Living with a Mental Disability Act or physically disabled and it is unlikely the child will ever return to the care of his or her family.
- A child requires repatriation within Manitoba, within Canada (refer to Provincial/Territorial Protocol), or to another country.
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- Use of Voluntary Placement Agreements – No child is placed through a voluntary placement agreement (VPA) other than in accordance with subsection 14(1) of the Act.
- Decision to Enter into VPA – A decision to enter into a VPA involves the following steps:
- an intake disposition is made to open a case for ongoing services and, when applicable, transfer the case to a case manager or another agency
- the case manager has completed an assessment of the family and child
- the case manager’s supervisor has reviewed and approved the care plan
- a decision has been made regarding parental contributions in accordance with the requirements in section 7 and Schedule B of the Child and Family Services Regulation. The Calculation of Parental Contribution table is on CFSIS in Forms Case Management/Admin.
- Signing of VPA Forms by Parent or Guardian – The parent/guardian or person who has the actual care and control of the child and agency sign the Voluntary Placement Agreement (CFS-7) and Declaration of Family Income (CFS-10). The parent/ guardian or person who has the actual care and control of the child and agency sign the Renewal of Voluntary Placement Agreement (CFS-8) prior to the expiration of the initial agreement or previous renewal. The VPA and Renewal of VPA are on CFSIS in Forms Case Management/VFS EPS/Prescribed. The Declaration of Family income is on CFSIS in Forms Case Management/Admin.
- Signing of VPA Forms by Agency – The agency signs the Voluntary Placement Agreement (CFS-7) and Renewal of Voluntary Placement Agreement (CFS-8) within one week from the date a parent/guardian or person who has the actual care and control of the child signed the forms. The agency executive or regional director or a person delegated in writing to act on behalf or in the absence of the executive or regional director signs the forms.
- Distribution of Signed VPA Forms – Copies of the VPA agreement (CFS-7) or renewal (CFS-8) signed by the placing agency are:
- provided or mailed to a parent /guardian or person who has the actual care and control of the child within one week from the date the parent or guardian signed the agreement or renewal
- sent to the agency’s mandating authority and the director within 30 days
- Filing of VPA Forms – Original copies of the Voluntary Placement Agreement (CFS-7), Renewal of Voluntary Placement Agreement (CFS-8) and Termination of Voluntary Placement Agreement (CFS-9) are stored on the child-in-care file. The original copy of the Declaration of Family Income (CFS-10) is stored on the family protection (Prt) or voluntary family service (VFS) file.
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