Code of Massachusetts Regulations
110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES
Title 110 CMR 4.00 - Intake
Intake for Voluntary Requests for Services
Section 4.12 - Voluntary Placement Agreements - Termination

(1) Any Voluntary Placement Agreement may be terminated by one or both parent(s) who have legal custody of the child giving written notice to the Department, regardless of which parent has signed the Voluntary Placement Agreement (i.e., if mother signs the Voluntary Placement Agreement, father may terminate it so long as he has some form of legal custody of the child).

(2) In any case where a parent gives notice to the Department terminating a Voluntary Placement Agreement (including but not limited to cases where one parent has signed the agreement and the other parent gives notice to terminate it) the Department shall honor the Agreement for a period of 72 hours thereafter. If, during said 72 hour period, the Department determines that the child would be at risk of abuse or neglect if returned home, the Department may institute court proceedings to obtain custody of the child.

(3) If any child(ren), who was placed in substitute care as a result of a voluntary placement agreement, is returned home to live with her/his parent(s), the voluntary placement agreement shall automatically terminate. If the parent wishes to voluntarily place the child back into substitute care, a new voluntary placement agreement must be executed pursuant to 110 CMR 4.10. 110 CMR 4.12(3) does not apply if the child(ren) is visiting her/his parents.