 Voluntary Placement Agreements (VPA)
A VPA is a temporary, binding, written agreement between ODHS Child Welfare and the parent or Indian custodian of a minor Indian child that does not transfer legal custody to Child Welfare but specifies, the legal status of the Indian child and the rights and obligations of the parent or Indian custodian, the Indian child and Child Welfare while the Indian child is in placement.
There are specific requirements regarding what must be included in the voluntary agreement consent; to learn more about those requirements please view Application of ICWA and ORICWA Oregon Administrative Rules Set. ODHS must complete a full inquiry regarding a child’s Tribal affiliation before entering into the VPA.
Child Welfare may enter into a voluntary placement agreement with the consent of a parent or Indian custodian of any Indian child, if:
- the sole reason for placing the Indian child in a child-caring agency, foster home, group home, or institutional child-care setting is the need to obtain services for the Indian child's emotional, behavioral, or mental disorder or developmental or physical disability;
- The Indian child is more than ten days old;
- The voluntary consent is executed in writing and recorded before a judge in the appropriate jurisdiction;
- The written consent is accompanied by the court's certification that the terms and consequences of the consent were fully explained in detail on the record and were confirmed to be understood by the parent or Indian Custodian;
- The court may only approve the VPA if the court finds the Indian child’s parents or Indian Custodian entered into the VPA without threat of removal;
- The Department has contacted by telephone, electronic mail, facsimile or other means of immediate communication any tribe of which the Indian child is or may be a member to determine the Indian child’s affiliation and to notify the tribe of the voluntary placement agreement.
If an Indian child will remain in voluntary placement for more than 180 days, the juvenile court must make a judicial determination, within the first 180 days of the placement, whether the placement is in the best interests of the Indian child.
When Child Welfare enters into a VPA when we know or have reason to know that there is an Indian child, Child Welfare must place the Indian child into a substitute care setting which follows placement preferences or must receive a good cause finding to not apply placement preferences. If you would like to learn more about placement preferences and good cause please visit the Office of Tribal Affairs OWL page.
The parent or Indian custodian may withdraw consent to the voluntary placement agreement at any time. To withdraw consent, the parent or Indian custodian must:
- File a written notice of termination with the court; or
- Otherwise testify before the court.
The court must then promptly notify the worker of the termination of the VPA and order the immediate return of the Indian child to the physical custody of the Indian child’s parent or Indian custodian. Child Welfare must immediately return the Indian child to the physical custody of the Indian’s child’s parent or Indian custodian.
When we know or have reason to know that ICWA/ORICWA applies and a parent or Indian Custodian has requested a VPA, the worker must partner, collaborate, and engage the Indian child’s Tribe regarding all planning and placement efforts.
If you have any questions, connect with your Regional ICWA Specialist or ICWA Consultant.
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