Section 3130.65. Voluntary placement agreement

(a) Custody of a child may be temporarily transferred to the county agency for no more than 30 days if the child’s parents or other person legally responsible for the child freely enter into a written agreement with the county agency. The agreement may not be renewed beyond the 30 days and shall contain:

(1) A statement of the parents’ or legal guardian’s right to be represented by legal counsel or other spokesperson during conferences with the county agency about voluntary placement.

(2) A statement of the parent’s or legal guardian’s right to refuse to place the child.

(3) A statement of the parents’ or legal guardian’s right to visit the child, to obtain information about the child, and to be consulted about and approve medical and educational decisions concerning the child while the child is in voluntary placement.

(4) A statement of the parents’ or legal guardian’s right to the immediate return of the child upon request of the parent or guardian, unless the court orders the legal custody of the child to be transferred to the county agency.

(b) Placement of a child may not extend beyond 30 days unless a court order has been entered under 42 Pa.C.S. § § 6341 and 6351 (relating to adjudication; and disposition of dependent child) which authorizes continued placement.

The provisions of this § 3130.65 amended January 23, 1987, effective January 24, 1987, 17 Pa.B. 392. Immediately preceding text appears at serial pages (109557) to (109558).

Notation

Authority

The provisions of this § 3130.65 amended under Articles II, VII, IX and X of the Public Welfare Code (62 P. S. § § 201—211, 701—774, 901—922 and 1001—1080).

Notes of Decisions

Dependency

Considering enormous implications of dependency finding, such a determination can only be made in compliance with statutory requirements regarding dependency determinations and cannot be made by trial court sua sponte without petition for dependency having been filed. Fallaro v. Yeager, 528 A.2d 222 (Pa. Super. 1987).

Cross References

This section cited in 55 Pa. Code § 3130.64 (relating to placement of children).