SF 540 (LSB 1251SV (1) 88)

SENATE FILE 540

BY  COMMITTEE ON HUMAN RESOURCES

(SUCCESSOR TO SF 360)

A BILL FOR

An Act relating to the temporary delegation of parental authority by the parent, guardian, 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, guardian, 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, guardian, 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, guardian, 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.  A power of attorney executed under this chapter must be signed by all parents, guardians, and legal custodians. 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.
   3.  A parent, guardian, 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 by giving notice of the revocation in writing to the agent. 
   4.  A power of attorney created under this chapter shall be for a period of time not to exceed six months. A parent, guardian, or legal custodian of the child may execute a new power of attorney for an additional period of six months, but in no case shall a power of attorney created under this chapter be valid for more than one year. If a parent, guardian, or legal custodian revokes or terminates the power of attorney, the child shall be returned to the care and custody of the parent, guardian, or legal custodian within twenty-four hours of the date of the revocation or termination.
   5.  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. 
   6.  A power of attorney executed under this chapter by a parent, guardian, or legal custodian shall not constitute abandonment, abuse, or neglect of the child under chapter 232 by the parent, guardian, or legal custodian unless the parent, guardian, or legal custodian fails to take custody of the child upon the expiration of the power of attorney.
   7.  This chapter shall not apply to a power of attorney created pursuant to section 598C.204.
   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, guardian, or legal custodian of a child.
   The bill provides that a parent, guardian, 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 power of attorney executed under the bill must be signed by all parents, guardians, and legal custodians of a child and must be properly acknowledged by a notary. A parent, guardian, or legal custodian shall have the authority to revoke or terminate a power of attorney created under the bill at any time.
   A power of attorney created under the bill shall be for a period of time not to exceed six months. The parent, guardian, or legal custodian of the child is required to execute a new power of attorney for an additional period of six months, and the power of attorney cannot exceed one year. If the parent, guardian, or legal custodian revokes or terminates the power of attorney, the child shall be returned to the care and custody of the parent, guardian, or legal custodian within 24 hours of the date of the revocation or termination. 
   An agent (person granted authority to act for a parent, guardian, 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, guardian, or legal custodian shall not constitute abandonment, abuse, or neglect of the child under Code chapter 232 by the parent, guardian, or legal custodian unless the parent, guardian, or legal custodian fails to take custody of the child or to execute a subsequent power of attorney upon the expiration of the 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.
   The bill does not apply to a power of attorney created pursuant to Code section 598C.204 (power of attorney under the uniform deployed parents custody and visitation Act).