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Effective: 9/1/2026

G3.8 Best Interest Determination for a Voluntary Commitment Agreement

Legal Authority

Introduction

​Voluntary commitment agreements are intended to be short-term.  If the period during which the child will need care and/or treatment will exceed one hundred eighty (180) days, it is necessary to file a petition with the court seeking custody of the child to continue placement.  The court will then make a judicial determination as to whether placement is in the child’s best interest and that reasonable efforts were made to prevent removal or were not required. ​​​​

Practice Guidance

  • ​As described in SOP G3.2 Title IV-E Eligibility and ​Reimbursability​, when a child is removed from the home pursuant to a voluntary commitment and the placement is expected to exceed one hundred eighty (180) days, the Cabinet for Health and Family Services (CHFS/Cabinet) files a petition seeking court-ordered custody of the child.
  • As described in SO​P G3.2​ Title IV-E Eligibility and Reimbursability, a court order containing the required Title IV-E judicial determination language that placement is in the child’s best interest and that reasonable efforts to prevent removal were made or were not required. If these requirements are not met, the child is not Title IV-E eligible or reimbursable for the duration of the out-of-home placement episode. 

Procedure

The SSW: 

  1. ​​Files a petition seeking custody of the child placed by voluntary commitment agreement after one hundred twenty (120) days in placement if the child is not expected to return home prior to one hundred eighty (180) days in placement; and
  2. Forwards all required documentation to the CBW upon obtaining custody, following procedures in SOP G3.2 Title IV-E Eligibility and Reimbursability​.  

The CBW:

  1. Establishes the date by which the required judicial determination must be obtained for each voluntary commitment;
  2. Notifies the SSW within one hundred twenty (120) days of the date when the judicial determination has not been obtained;
  3. ​Discontinues the child’s Title IV-E eligibility after one hundred eighty (180) days of placement upon notification from the SSW that the required judicial finding has not been obtained.​

Documents

Revisions