1.2.9 Voluntary Care Agreements

The government of Manitoba recognizes and respects the inherent rights of First Nations, Inuit and Métis people to care for their children and families. We acknowledge that families, Nations, and our system have wanted tools that support family and community caring for their children.  Legislation in Manitoba now provides for four new types of agreements and these agreements support this approach and practice of working with families, communities to holistically support and care for children.

These agreements include family support, kinship, customary and voluntary care and are designed to give agencies more options to support children and families to enhance and maintain connection to family, community and culture. Through these agreements, agencies are able to implement a practice which recognizes the role of extended family and community, and where parents and guardians keep guardianship and retain an active role in caring for and making decisions regarding the welfare of their children.

Agreements are voluntary and can be used where there are protection concerns, but do not include a court process and are collaborative in working with families. Families who enter into agreements will be involved in the active planning and decision making of their child and are signatories in all agreement types.

The four new agreement standards in the CFS Standards Manual are interim and will expire on October 1, 2025.  During this period, agencies are to collaborate with their Nations and rights holders to develop their own policy, standards and procedures to support the use of agreements.  The spirit and foundation of agreements encourages a shared responsibility and shared accountability between agencies and their Nations. 

Authorities and/or Agencies can submit these documents to the Child and Youth Services Division at any point prior to October 2025.

This section pertains to the use of voluntary care agreements for planning and delivering care to a child.  Voluntary Care Agreement is an agreement between an agency and a parent or guardian. Parents retain guardianship while the child resides in a licensed placement and is in care of the agency.

• Legislation

  The Child and Family Services Act

  
  

  Voluntary Care Agreement
  13.4(1) The purpose of a voluntary care agreement is to establish the basis for planning and delivering care to a child outside the child's home.

  13.4(2) An agency may enter into a voluntary care agreement if a parent, guardian or other person who has actual care and control of a child to make provision for the child to reside in a placement outside the child’s home if

  a) the parent, guardian or other person who has actual care and control of a child is unable to make adequate provision for the child; or
  b) the child is in need of protection.

  13.4(3) The following must be parties to a voluntary care agreement:

  (a) the parent, guardian or other person who has care and control of the child;
  (b) the agency serving the child.

  Confirmation of decision-making responsibility
  15.1(1) The purpose of this section is to facilitate that a person other than a parent or guardian is responsible for making decisions in respect of a child under an agreement under this Act.

  Request made to agency
  15.1(2) On request by a person who is not a child's parent or guardian, and subject to the regulations, an agency that is a party to an agreement under this Act may provide a written statement confirming that the person making the request is responsible for making decisions in respect of the child, including in relation to the child's health or education..
  

• Policy

  Use of Voluntary Care Agreements

  The use of a voluntary care agreement (VCA) is consistent with the purpose of the act to support the safety, security and well-being of children through the provision of services that are designed to preserve, sustain and restore families in the least disruptive manner possible (Section 2). These agreements also align with placement priorities outlined in Subsection 2.7(1) and the placement priority standard in section 1.4.1.

  An agency may enter into a voluntary care agreement with a parent, guardian or person who has actual care and control of a child when options for a child to live with family, kin or community were already explored.

  A child under a voluntary care agreement is a child voluntarily in the care of an agency. The agency is responsible to provide care as per the legislation, regulations, and standards for children in the care of an agency. The parent or guardian retains guardianship, and a court process is not required.

  Decision to enter into a Voluntary Care Agreement - This type of agreement is collectively established and can be used to mitigate protection concerns through discussions. Approaches could include sharing circles, family network meetings or other methods as determined by the agency.

  Alternate Decision Maker - Provincial CFS agencies are encouraged to use the standardized template on CFSIS in Forms: Case Management/CS/Suggested, to confirm that a person has been authorized by an agreement made under The Child and Family Services Act to make decisions regarding a child regarding specific identified matters.

• Standards

  1. Voluntary Care Agreements (VCA) - All VCAs and renewals must be in writing. Agencies are encouraged to use the VCA agreement, renewal and termination templates located in CFSIS under forms: Case Management/Child in Care/Suggested.
  2. Views and Preferences of the Child must be considered by the parties to the VCA.
  3. Content of a Voluntary Care Agreement – A VCA must include the following:
     • the child's name and birth date
     • the place where the child is to reside
     • the person or persons who are responsible for making decisions respecting the child
     • a description of the agency's role and responsibilities
     • the process for resolving issues or concerns arising under or in relation to the VCA
     • the duration of the VCA

  4. Signing of Voluntary Care Agreements – Parties to VCAs must include the child’s parent, guardian or person who has actual care and control of the child and the agency serving the child.
  5. The Agency Must Give Copies of The Voluntary Care Agreement Renewal and Termination to -
     • each party to the KCA within 5 working days of the parties signing. The copy of the KCA can be provided by personal service, mail or, if consented to by the parties, email
     • its mandating authority within 5 working days of the parties signing
  6. Review of Voluntary Care Agreement - The agency must review a VCA or renewal with the parent, guardian or person who has actual care and control of the child:
     • at least once every 365 days
     • if the VCA has a specified duration, at least 30 days before the VCA expires.  
     • on request by a party to the VCA
  7. Ending a Voluntary Care Agreement –
     • A party to the VCA may end the agreement or a renewal of the VCA at any time.
     • A VCA ends on the day the child reaches the age of majority.
     • The agency must inform its mandating authority that the VCA has ended.
  8. Alternate Decision Maker- An agency may provide a written statement confirming that a person who is not a child’s parent or guardian is responsible for making decisions in respect of the child, the statement must have an effective and expiration date and written notification shall be provided should the decision-making power be revoked.
  9. The Alternate Decision Maker information should be included in the voluntary care agreement.
  10. Template for Alternate Decision Maker Letter- Agencies are encouraged to use the template located on CFSIS in Forms: Case Management/CS/Suggested, or the template distributed by their Authority.
      
      
      
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