Section 441.202.3. Voluntary placements.

       202.3(1) All voluntary placement agreements initiated after July 1, 2003, for children under the age of 18 shall terminate after 90 days.

       202.3(2) When the voluntary placement is of a child who is under the age of 18, a Voluntary Foster Care Placement Agreement, Form 470-0715, shall be completed and signed by the parent(s) or guardian and the county office where the parent or guardian resides. Voluntary Foster Care Placement Agreements shall not be used to place children outside Iowa and shall not be signed with parents or guardians who reside outside Iowa. Voluntary Foster Care Placement Agreements shall terminate if the child’s parent or guardian moves outside Iowa after the placement.

       202.3(3) Voluntary placement of a child aged 18 or older may be granted for six months at a time.

        a.           The department shall enter into the agreement only when the child:

       (1)             Meets the definition of “child” in Iowa Code section 234.1,

       (2)             Was in foster care or a state institution immediately before reaching the age of 18,

       (3)             Has continued in foster care or a state institution since reaching the age of 18,

       (4)             Has demonstrated a willingness to participate in case planning and to fulfill responsibilities as defined in the case permanency plan, and

       (5)             Will be placed in foster family care or supervised apartment living in Iowa.

        b.           Payment shall be limited pursuant to 441—paragraph 156.20(1)“b.”

        c.           When the voluntary placement is of a child who is aged 18 or older and who has a court-ordered guardian, the Voluntary Foster Care Placement Agreement, Form 470-0715, shall be completed and signed by the guardian and the local office where the guardian resides. Voluntary Foster Care Placement Agreements shall not be signed with guardians who reside outside Iowa. Voluntary Foster Care Placement Agreements shall terminate if the child’s guardian moves outside Iowa after the placement.

        d.           When the voluntary placement is of a child who is aged 18 or older and who does not have a court-appointed guardian, the Voluntary Foster Care Placement Agreement, Form 470-0715, shall be completed and signed by the child and the local office where the child resides.

        e.           An exception to the requirement for continuous placement may be made for a youth who leaves foster care at age 18 and voluntarily returns to supervised apartment living foster care before the youth’s twentieth birthday in order to complete high school or obtain a general equivalency diploma (GED).

       202.3(4) All voluntary placements shall be approved by the service area manager or designee.

This rule is intended to implement Iowa Code sections 234.6(6)“b” and 234.35(1)“c.”

[ARC 8010B, IAB 7/29/09, effective 10/1/09]