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WAC 388-826-0040

What is the voluntary placement agreement?

(1) Before a child may enter voluntary out-of-home placement, the child's parent or legal guardian must execute a voluntary placement agreement.
(2) The voluntary placement agreement must specify:
(a) That the child's parent or legal guardian retains legal custody of the child;
(b) That the department is responsible for the child's placement and care;
(c) That the signature of the child's parent or legal guardian is required;
(d) The legal status of the child;
(e) The rights and obligations of the parent or legal guardian;
(f) The rights and obligations of the child;
(g) The rights and obligations of the department while the child is in placement; and
(h) That any party to the voluntary placement agreement may terminate the agreement at any time.
(3) If a court has entered a final divorce decree or parenting plan that delineates decision-making authority, the parent must provide a copy of the document to the department.
(4) A voluntary placement agreement regarding an Indian child is invalid unless it complies with RCW 13.38.150.
(5) If a child's placement is unsuccessful under the terms of the voluntary placement agreement, the child returns to their parent's physical care until a new placement is available.
(6) Upon termination of the voluntary placement agreement, the child must return to the parent or legal guardian's care unless:
(a) Taken into custody under RCW 13.34.050 or 26.44.050;
(b) Placed in shelter care under RCW 13.34.060; or
(c) Placed in foster care under RCW 13.34.130.
[Statutory Authority: RCW 71A.12.030 and 74.13.350. WSR 18-23-004, § 388-826-0040, filed 11/7/18, effective 12/8/18. Statutory Authority: RCW 74.13.350. WSR 02-22-057, § 388-826-0040, filed 10/31/02, effective 12/1/02.]
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