Authority For Alternate Care Services

Upon approval of the regional Child and Family Services Program Manager or their designee, the department may provide or purchase alternative care under the following conditions: (7-1-25) 01. Department Custody. When the child is in the legal custody or guardianship of the department; or (7-1-25) 02. Voluntary Placement. Agreement with the parent(s) or legal guardian(s) after the parent(s) or legal guardian(s) request assistance from the agency due to circumstances that interfere with their ability to meet the needs of or they are no longer able to maintain a child in their home and it is in the best interest of the child for an out of home placement with case planning services to address the family situation. Young adults who exited foster care at age 18, who are not yet 21, may also enter a voluntary placement under extended foster care. (7-1-25) a. A case plan and an out-of-home placement agreement must be developed between the Department and the family. The case plan will identify areas of concern, goals, desired results, time frames, tasks and task responsibilities. The out-of-home placement agreement will include the terms for reimbursement of costs with any necessary justification for deviation from Child Support guidelines. (7-1-25) b. A voluntary agreement for out-of-home placement entered into between the department and the parent(s) or legal guardian(s) of a minor child that specifies the legal obligations of all parties and may be revoked at any time by the child's parent(s) or legal guardian(s) and the child must be returned to the parent or legal guardian unless a court determines that the return of the child would be contrary to the child’s best interest. (7-1-25) c. A contract between the department and the service provider, if applicable, must also be in effect. (7-1-25) d. When seeking federal funding the department will comply with the Social Security Act section 472. (7-1-25) e. Indian child. Where any parent or Indian custodian voluntarily consents to a foster care placement, such consent shall not be valid unless executed in writing and recorded before a judge of a court of competent jurisdiction and accompanied by the presiding judge’s certificate that the terms and consequences of the consent were fully explained in detail and were fully understood by the parent or Indian custodian. The court shall also certify that either the parent or Indian custodian fully understood the explanation in English or that it was interpreted into a language that the parent or Indian custodian fully understood. Any consent given prior to, or within ten days after, birth of the Indian child shall not be valid. Any parent or Indian custodian may withdraw consent to a foster care placement under State law at any time and, upon such withdrawal, the child shall be returned to the parent or Indian custodian unless a court determines that the return of the child would be contrary to the child’s best interest. (7-1-25)