Sometimes a parent or guardian decides that it is necessary, or at least preferable, for their child to live in a place next to the house. One example is a teenager who is in constant trouble; another may be when a child needs specific treatment for behavioural problems. In these situations, a parent has the choice to take care of the child. If a child needs care, it is called “placement.” If a parent, not a judge, makes the decision to place the child, it is called “voluntary mediation.” The document the parent signs to place the child is called a “voluntary placement agreement.” “Care” refers to any situation ordered by the Children`s Services Authority (CSA). A private home, a group house or a group establishment, for example. B a home care center, can be “care.” Once the child has been cared for for 1 year, the placement in permanent consultation is verified in accordance with the Adoption and Family Safety Act (ASFA). WHAT HAPPENS IF PARENTS DON`T WANT TO LET THEIR CHILDREN GO HOME OR CAN`T TAKE CARE OF THEM PROPERLY? Parents can voluntarily agree to take their children by signing a document in court called “voluntary surrender” that waives their parental rights. If a parent or legal guardian is unable to care for a child, they can sign a voluntary placement contract. This agreement allows the child to be temporarily placed in care through a social service. The agent may tell you that the ACS will bring you to justice if you do not agree to put your child in charge. Even if you are told, you should not feel compelled to sign this agreement; You should only sign it if you really think it`s the best thing for your child to do. If you agree to place one of your children in dependent institutions, that does not mean that you will have to house all your children.
Every child has a different situation. The child may be placed with adoptive parents (who may be relatives of the child), in a group home or in an institution, depending on the needs of the child and the available reception centre (i.e. the least restrictive alternative). If you decide to place your child, ACS will give you a signing agreement called a voluntary placement agreement. You have the right to consult a lawyer before the contract is signed. This is very important because you can negotiate certain conditions in the agreement. You can write on behalf of the agency or the person where your child is placed. With the agreement, you can also write in a date or event if your child returns to your care. The law requires you to support your child if your child is in care. The City may ask you to agree to pay a certain amount of child benefit each month. If the judge does not authorize the placement, ACS may send your child home, or ACS may initiate child neglect proceedings against you. Even if you agree in writing to place your child in care as long as your child remains in care for more than 30 days, there will be a legal process for accommodation.
This is called the “358-a” hearing, named after the part of the Social Services Act that requires these hearings. You will receive court documents (a “petition”) that will give you a date when your case will be tried. The petition must contain a message that if your child remains in care for 15 months, the Agency may be legally required to file a petition to end your parental rights. The purpose of a 358 hearing is for the judge to know whether you understand the voluntary placement agreement you signed and whether you signed it voluntarily. It is very important that you go to the hearing. When your child has been in care for 12 months, ACS must obtain court authorization to keep your child in mediation.