24.6 Voluntary Placement Agreement

With the 2004 passage of House Bill 1453, the Voluntary Placement Agreement was introduced and established in statute (210.108 RSMo). The Voluntary Placement Agreement is predicated upon the belief that no parent should have to relinquish custody of a child solely in order to access clinically indicated mental health services.

Definition

The Voluntary Placement Agreement (VPA) is a written agreement between the Department of Social Services (DSS)/Children’s Division (CD) and a parent, legal guardian, or custodian of a child under the age of eighteen (18) solely in need of mental health treatment. A VPA developed pursuant to a Department of Mental Health (DMH) assessment and certification of appropriateness authorizes the DSS/CD to administer the placement and care of a child while the parent, legal guardian, or custodian of the child retains legal custody. A VPA adds to the Custody Diversion Protocol and should be used only if an out-of-home placement is needed and the protocol cannot otherwise divert the need for such placement.

Practice

The VPA will only be made available to a parent in conjunction with and only after staff have utilized the Custody Diversion Protocol. The VPA is not available to a parent on a “stand alone” basis. The Custody Diversion Protocol serves to link parents with DMH’s services for their child. The Custody Diversion Protocol reflects the mutual commitment of the Children’s Division (CD), the DMH and its Community Mental Health Centers/Administrative Agents (CMHC/AA) and/or Regional Centers, and the local Juvenile/Family Courts to assist parents in accessing needed mental health services for their children without a needless transfer of legal custody. The VPA requires the commitment of a parent to be an active participant in his/her child’s treatment. A VPA may not exceed 180 days in duration.

Each Regional Coordinator shall designate staff who will be responsible for signing the VPA on behalf of the division, updating the ACTS system, and monitoring the family’s progress through the duration of the VPA.

Financing

Funding for treatment services under a VPA will be provided by DMH or the CMHC/AA and/or Regional Center up front with Department of Social Services appropriation accessed following a back end review of expenditures through an interdepartmental funds transfer. Such a transfer will follow a match of VPA youth from the ACTS system against DMH or CMHC/AA and/or Regional Center-provided services. Local CD staff will not authorize payment of any residential treatment services for VPA placed youth.

Procedure:

The VPA may only be offered to a parent(s) when, in conjunction with the Custody Diversion Protocol, and only in instances where DMH affirms the need for the need for out-of-home care/treatment not otherwise available or accessible from DMH or CMHC/AA and/or Regional Center and when such will allow a parent to retain custody of a child who otherwise might enter CD custody.
Once the Custody Diversion Protocol has been implemented, and it remains the desire of the parent to enter into a Voluntary Placement Agreement, the VPA must be signed by both the parent(s) and the CD Regional Coordinator or their designee.
At the time a VPA is presented to a parent, CD staff shall in conjunction with the parent complete the Children’s Severity of Psychiatric Illness (CSPI) and enter the scores on the SS-61. The CSPI is included as part of the CS-9. Staff do not have to complete the entire CS-9, only the CSPI.
Any child who is the subject of a VPA must be opened in the CD Alternative Care Tracking System (ACTS) with a VPA begin date entered on the SS-61. The VPA begin date is the date the child is placed in an out-of-home setting for treatment. The CD Regional Coordinator or their designee shall be responsible for entering VPA children in the ACTS system and CSPI score on the SS-61.
Instructions for VPA codes in the Alternative Care Tracking System (ACTS) SS-61: See SS-61 Instructions. Forms and Instructions
For children currently in legal status 5 (final custody awarded to adoptive parents) or 9 (legal guardianship), contact Children's Division Central Office, 573/751-4344 or 573/522-8024 for VPA Placement.

To close a child in VPA (legal status V): Follow standard policy and procedure to close children with a VPA:

NOTE: There are 2 instances wherein children with VPA’s will be automatically closed in the ACTS system. Those close dates will reflect one of the following:

The day before the child reaches his/her eighteenth (18th) birthday, and
The day that the length of VPA reaches 180 days in duration.

NOTE: Although the ACTS system will automatically close the SS-61 upon the youth’s eighteenth birthday, or will be revised and staff notified of any change at a later date. VPA may extend beyond the 18th birthday.

Although the Division is precluded from drawing down federal funding in instances where the VPA exceeds 180 days, services provided the DMH may continue beyond the closure of a VPA per the treatment plan established by DMH.

Pursuant to the terms of the Voluntary Placement Agreement, the DSS-CD will authorize DMH to place the child, administer the placement, and provide care and treatment for the child while he/she is under the Voluntary Placement Agreement.
The DMH shall ensure that a child’s placement, under the VPA, shall be in the most appropriate and least restrictive environment available for the shortest period of time clinically indicated.
The duration of the VPA may be for as short a period as the parties agree is in the best interests of the child, but under no circumstances shall the total period of time that a child remains in care under a VPA exceed 180 days. Subsequent agreements may be entered into, but the total period of placement under a single VPA or series of VPA’s shall not exceed 180 days without express authorization of the Director of the Children’s Division or his/her designee.
VPA’s are subject to the Adoption and Safe Families Act (ASFA) requirements. Case plans must be developed within 60 days of the date the child is removed from home by placement through the VPA. The CD’s Regional Area Coordinator or designee shall ensure CD participation in the development of the case plan within that 60 day timeframe.
Notices will be sent to CD Regional Coordinators and/or designees of children in VPA placements at intervals of 100 and 150 days. Designated CD staff shall then communicate with the assigned DMH CMHC/AA and/or Regional Center staff to review the child and family’s progress to ensure appropriate transition planning occurs prior to the 180 day VPA closure. See IV above for instructions on closing children in VPA’s.

Chapter Memoranda History: (prior to 1/31/07)

CD04-83, CD05-05, CD05-48, CD05-50, CD05-51, CD06-76