Arizona Revised Statutes

Ariz. Rev. Stat. § 8-806 (2026)

Voluntary placement; conditions; notice of placement; time limit; rules

✓ current as of May 2026

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A. A child is eligible to be accepted into voluntary placement by a child safety worker on behalf of the department.

B. On acceptance of a child into voluntary placement, the worker must prepare a notice of placement and file the notice in the case file of the child.

C. A period of voluntary placement pursuant to this section shall not exceed ninety days. A worker shall not accept a child into voluntary placement for more than two periods within twenty-four consecutive months unless a dependency petition is pending.

D. The department may accept a voluntary placement agreement only if the department can provide necessary services that are likely to remedy the circumstances that bring the child into care within the ninety day period and one of the following applies:

1. The department plans to return the child to the parent, guardian or custodian who signed the child into voluntary placement.

2. While the child is in voluntary placement, the parent, guardian or custodian arranges a safe alternative placement for the child after the voluntary placement.

E. A worker shall not accept a child into voluntary placement without the written informed consent of the child's parent, guardian or custodian. The department shall terminate voluntary placement on receipt of written revocation of consent by the parent, guardian or custodian.

F. A worker shall not accept a child, age twelve or older and not with a developmental disability, into voluntary placement without the written informed consent of the child unless the department determines that voluntary placement of the child is clearly necessary to prevent abuse.

G. The fact of voluntary placement does not constitute abandonment, abuse or dependency as defined in this article and may not be used in a judicial proceeding as an admission of criminal wrongdoing by that parent, guardian or custodian.

H. The department shall adopt rules in accordance with title 41, chapter 6 for the purpose of assessing parents for the full or partial cost of voluntary placement.

I. The department must develop a case plan with the child's parent, guardian or custodian within ten days of a child's voluntary placement as follows:

1. The case plan shall establish the services necessary to promote the safety of the child on the planned return of the child to the parent, guardian, custodian or alternative placement.

2. The department shall provide, contract with a service provider to provide or assist in accessing community resources to provide the services in the case plan.

3. The department must share the case plan with the foster parent, physical custodian or other voluntary placement provider of the child.

J. Before returning the child to a parent, guardian, custodian or alternative placement, the department shall inform the parent, guardian, custodian or alternative placement about available financial and nonfinancial services and eligibility requirements and shall assist the parent, guardian, custodian or alternative placement to complete the necessary applications.

Notes of Decisions

Cited in 22 cases (13 in the last 5 years), 2014–2025 · leading case: Stein v. Depke (D. Ariz. 2023).

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Stein v. Depke (D. Ariz. 2023). · cites it 8× “A.R.S. § 8-806(D). VPAs require written informed consent and are terminable "on receipt 24 of written revocation of consent by the parent, guardian or custodian.”

Shani R. v. Dcs (Ariz. Ct. App. 2022). · cites it 6× “” Mother claimed for the first time at trial that she had consented only to a ninety-day voluntary placement.”

Keosha C. v. Dcs (Ariz. Ct. App. 2017). · cites it 5× “See A.R.S. § 8-806 (2017). ¶10 At no point in the severance hearing did Mother offer facts that would allow the court to conclude that she had voluntarily placed either child with DCS.”

Kirwin v. Kot (D. Ariz. 2023). · cites it 2× ““Out-of-home placement” means the placing of a child in the custody of an individual 27 or agency other than with the child's parent or legal guardian and includes placement in 28 temporary custody pursuant to § 8-821, voluntary placement pursuant to § 8-806 or placement due to…”

Stein v. Depke (D. Ariz. 2023). · cites it 2× “Depke 27 3 28 The Court uses this term because it is standard in Arizona, see A.R.S. § 8-806(D), but other jurisdictions use “Voluntary Safety Plan” or “Voluntary Separation Agreement.”

Miriam F. v. Dcs (Ariz. Ct. App. 2019). “§ 8-533(B)(8)(a) if DCS has made a diligent effort to provide the parent with reunification services and: [t]he child has been in an out-of-home placement for a cumulative total period of nine months or longer pursuant to court order or voluntary placement pursuant to § 8-806…”

Melissa C. v. Dcs (Ariz. Ct. App. 2019). “he child has been in an out-of-home placement for a cumulative total period of fifteen months or longer pursuant to court order or voluntary placement pursuant to § 8-806, the parent has been unable to remedy the circumstances that cause the child to be in an out-of-home…”

Octavio G. v. Dcs (Ariz. Ct. App. 2020). “] § 8-806, the parent has been unable to remedy the circumstances that cause the child to be in an out-of-home placement and there is a substantial likelihood that the parent will not be capable of exercising proper and effective parental care and control in the near future.”

Pamela J. v. Dcs (Ariz. Ct. App. 2020). “Pursuant to this statute, a juvenile court may terminate a parental relationship if DCS “has made a diligent effort to provide appropriate reunification services” to the parent, and the court finds that [t]he child has been in an out-of-home placement for a cumulative total…”

Alexandra C. v. Dcs (Ariz. Ct. App. 2020). “§ 8-533(B)(8)(a) if the Department has made a diligent effort to provide the parent with reunification services and [t]he child has been in an out-of-home placement for a cumulative total period of nine months or longer pursuant to court order or voluntary placement pursuant to…”

Nelturiah S. v. Dcs (Ariz. Ct. App. 2021). “§ 8-533(B)(8)(c) if: The child has been in an out-of-home placement for a cumulative total period of fifteen months or longer pursuant to court order or voluntary placement pursuant to § 8-806, the parent has been unable to remedy the circumstances that cause the child to be in…”

Stacy R. v. Dcs (Ariz. Ct. App. 2021). “] § 8-806, the parent has been unable to remedy the circumstances that cause the child to be in an out-of-home placement and there is a substantial likelihood that the parent will not be capable of exercising proper and effective parental care and control in the near future.”

Show all 22 citing cases →

— Ariz. Rev. Stat. § 8-806(D) — 3 cases

Stein v. Depke (D. Ariz. 2023). “A.R.S. § 8-806(D). VPAs require written informed consent and are terminable "on receipt 24 of written revocation of consent by the parent, guardian or custodian.”

Shani R. v. Dcs (Ariz. Ct. App. 2022). “” Mother claimed for the first time at trial that she had consented only to a ninety-day voluntary placement.”

Stein v. Depke (D. Ariz. 2023). “Depke 27 3 28 The Court uses this term because it is standard in Arizona, see A.R.S. § 8-806(D), but other jurisdictions use “Voluntary Safety Plan” or “Voluntary Separation Agreement.”

— Ariz. Rev. Stat. § 8-806(E) — 1 case

— Ariz. Rev. Stat. § 8-806(G) — 2 cases

Shani R. v. Dcs (Ariz. Ct. App. 2022). “” Mother claimed for the first time at trial that she had consented only to a ninety-day voluntary placement.”

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