Voluntary Placement Agreements.
The Department of Children, Youth, and Families (DCYF) may enter into a voluntary placement agreement (VPA) with a parent to place a child with a relative or in a licensed foster home when:
Parental approval is required for a VPA. A VPA may occur for a child under age 18, or for a youth under age 21, if the youth is being served by the extended foster care program. To qualify for extended foster care, a youth must have been dependent at the time the youth reaches age 18 and be:
The VPAs may not be used to place with someone other than a relative or licensed foster parent and may not be used for placement outside Washington.
Office of Public Defense.
The Office of Public Defense (OPD) administers state-funded services for representation of indigent parents qualified for counsel in dependency and termination of parental rights cases, among other duties. To carry out this function, the OPD Parents Representation Program contracts with attorneys for representation of indigent parents in all 39 Washington counties. The OPD Parents Representation Program establishes caseload limits, establishes professional standards, provides training and support, and provides access to expert services.
The OPD is authorized to provide legal counsel for parents when the DCYF proposes a VPA.
Beginning July 1, 2024, when the DCYF proposes a VPA when there is no pending dependency proceeding, the child's parent, guardian, or legal custodian has the right to consult with counsel by telephone or video conference, provided through contract with the OPD.
The OPD must provide representation by counsel if requested by a parent, legal guardian, or legal custodian after the remote consultation according to the following implementation schedule:
The substitute bill limits the expanded authority provided to the OPD to provide legal counsel in situations when the DCYF proposes a VPA.
The substitute bill modifies the definition of "voluntary placement agreement" to specify that it applies to a "child" instead of "youth" and includes a statutory reference.
(In support) Counsel should be provided for parents when the DCYF proposes an out-of-home placement. A child's removal from the home should only be based on legitimate safety concerns because it is known that the act of removal creates trauma. There are some concerns that have been expressed by the DCYF, but there is confidence that those concerns can be addressed through amendments.
Parents who are confronted with a VPA are in a moment of panic and are in fear of being confronted by the DCYF who has experience with the law. Often these parents are forced to discuss a VPA without an ally or anyone to explain their rights or options.
The OPD will need time and funding to provide attorneys, but those attorneys can help encourage parents to engage in services and prevent a dependency from being filed.
The OPD envisions the attorney consultation and representation requirements in the bill will be accomplished by allowing a parent to call a hotline to get immediate advice and then handing the case off to a local attorney.
The central problem that this bill addresses is the problem of hidden foster care where the state agency proposes a VPA. Many of these family separations do not need to happen. Attorneys can counsel parents not to agree to these placement proposals and advise parents when these proposals appear appropriate.
(Opposed) None.
(Other) The DCYF is very supportive of a consultation model. The main concern is from section one of the bill, which establishes as a new right to counsel using a term that is quite vague—when a parent is under investigation by the DCYF. The term is left undefined, and that could mean up to nearly 40,000 parents may be entitled to that right to counsel before the DCYF can begin or move forward with a 24- or 72-hour response.