SF 78 (LSB 1534XS (1) 87)

SENATE FILE 78

BY  SINCLAIR

A BILL FOR

An Act relating to the temporary delegation of parental authority by the parent or legal custodian of a child.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  633F.1  Definitions.
   1.  “Agent” means a person granted authority to act for a parent or legal custodian under a power of attorney created under this chapter.
   2.  “Child” means a person under eighteen years of age.
   3.  “Power of attorney” means a writing that grants authority to an agent to act in the place of a parent or legal custodian regarding the care or custody of a child.
    Sec. 2.  NEW SECTION.  633F.2  Power of attorney —— temporary delegation of parental authority.
   1.  A parent or legal custodian of a child, by a properly executed power of attorney, may delegate to another person any authority regarding the care or custody of the child except for any of the following powers:
   a.  The power to consent to the child’s marriage.
   b.  The power to consent to the child’s adoption. 
   c.  The power to consent to the performance or inducement of an abortion on or for the child.
   d.  The power to consent to the termination of the parental rights of a parent of the child.
   2.  The parent or legal custodian of the child shall have the authority to revoke or terminate a power of attorney created under this chapter at any time. 
   3.  Except as provided in subsection 6, a power of attorney created under this chapter shall be for a period of time not to exceed one year. The parent or legal custodian of the child shall execute a new power of attorney for each additional year that the delegation of power exists. If the parent or legal custodian revokes or terminates the power of attorney, the child shall be returned to the care and custody of the parent or legal custodian as soon as reasonably possible.
   4.  An agent shall exercise parental or legal authority on a continuous basis without compensation for the duration of the power of attorney and shall not be considered to be a foster parent subject to licensure by the department of human services pursuant to chapter 237. 
   5.  A power of attorney executed under this chapter by a parent or legal custodian shall not constitute abandonment, abuse, or neglect of the child by the parent or legal custodian unless the parent or legal custodian fails to take custody of the child or to execute a subsequent power of attorney upon the expiration of the original power of attorney.
   6.  A parent or legal guardian who is at the time of execution of a power of attorney under this chapter a member of the national guard, reserve, or regular component of the armed forces of the United States who is serving on active duty may execute a power of attorney for a period longer than one year, not to exceed the term of active duty service plus thirty days.
   7.  A power of attorney executed under this chapter must be signed by the parent or legal custodian. The power of attorney must be acknowledged before a notary public or other individual authorized by law to take acknowledgments. An agent named in the power of attorney shall not notarize the principal’s signature. An acknowledged signature on a power of attorney is presumed to be genuine.
   8.  The department of human services, in consultation with the judicial branch, shall develop forms for carrying out the provisions of this chapter.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to the temporary delegation of parental authority by the parent or legal custodian of a child.
   The bill provides that a parent or legal custodian of a child, by a properly executed power of attorney, may delegate to another person any powers regarding the care or custody of the child except the power to consent to the child’s marriage, the power to consent to the child’s adoption, the power to consent to the performance or inducement of an abortion on or for the child, and the power to consent to the termination of the parental rights of a parent of the child. A parent or legal custodian shall have the authority to revoke or terminate a power of attorney created under the bill at any time.
   Except for certain military personnel, a power of attorney created under the bill shall be for a period of time not to exceed one year. The parent or legal custodian of the child is required to execute a new power of attorney for each additional year that the delegation of power exists. If the parent or legal custodian revokes or terminates the power of attorney, the child shall be returned to the care and custody of the parent or legal custodian as soon as reasonably possible. 
   An agent (person granted authority to act for a parent or legal custodian under a power of attorney created in the bill) is required to exercise parental or legal authority on a continuous basis without compensation for the duration of the power of attorney and shall not be considered to be a foster parent subject to licensure by the department of human services pursuant to Code chapter 237 (child foster care facilities). A power of attorney executed under the bill by a parent or legal custodian shall not constitute abandonment, abuse, or neglect of the child by the parent or legal custodian unless the parent or legal custodian fails to take custody of the child or to execute a subsequent power of attorney upon the expiration of the original power of attorney.
   The bill provides power of attorney execution requirements and requires the department of human services, in consultation with the judicial branch, to develop forms for carrying out the provisions of the bill.