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Senate File 360 - IntroducedA Bill ForAn Act 1relating to the temporary delegation of parental
2authority by the parent, guardian, or legal custodian of a
3child.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 633F.1 Definitions.
21. “Agent” means a person granted authority to act for a
3parent, guardian, or legal custodian under a power of attorney
4created under this chapter.
52. “Child” means a person under eighteen years of age.
63. “Power of attorney” means a writing that grants authority
7to an agent to act in the place of a parent, guardian, or legal
8custodian regarding the care or custody of a child.
9 Sec. 2. NEW SECTION. 633F.2 Power of attorney — temporary
10delegation of parental authority.
111. A parent, guardian, or legal custodian of a child, by a
12properly executed power of attorney, may delegate to another
13person any authority regarding the care or custody of the child
14except for any of the following powers:
15a. The power to consent to the child’s marriage.
16b. The power to consent to the child’s adoption.
17c. The power to consent to the performance or inducement of
18an abortion on or for the child.
19d. The power to consent to the termination of the parental
20rights of a parent of the child.
212. A power of attorney executed under this chapter must be
22signed by all parents, guardians, and legal custodians. The
23power of attorney must be acknowledged before a notary public
24or other individual authorized by law to take acknowledgments.
25An agent named in the power of attorney shall not notarize the
26principal’s signature. An acknowledged signature on a power of
27attorney is presumed to be genuine.
283. A parent, guardian, or legal custodian of the child shall
29have the authority to revoke or terminate a power of attorney
30created under this chapter at any time by giving notice of the
31revocation in writing to the agent.
324. A power of attorney created under this chapter shall
33be for a period of time not to exceed six months. A parent,
34guardian, or legal custodian of the child may execute a new
35power of attorney for an additional period of six months, but
-1-1in no case shall a power of attorney created under this chapter
2be valid for more than one year. If a parent, guardian, or
3legal custodian revokes or terminates the power of attorney,
4the child shall be returned to the care and custody of the
5parent, guardian, or legal custodian within twenty-four hours
6of the date of the revocation or termination.
75. An agent shall exercise parental or legal authority on a
8continuous basis without compensation for the duration of the
9power of attorney and shall not be considered to be a foster
10parent subject to licensure by the department of human services
11pursuant to chapter 237.
126. A power of attorney executed under this chapter by a
13parent, guardian, or legal custodian shall not constitute
14abandonment, abuse, or neglect of the child under chapter 232
15by the parent, guardian, or legal custodian unless the parent,
16guardian, or legal custodian fails to take custody of the child
17upon the expiration of the power of attorney.
187. This chapter shall not apply to a power of attorney
19created pursuant to section 598C.204.
208. The department of human services, in consultation with
21the judicial branch, shall develop forms for carrying out the
22provisions of this chapter.
23EXPLANATION
24The inclusion of this explanation does not constitute agreement with
25the explanation’s substance by the members of the general assembly.
26This bill relates to the temporary delegation of parental
27authority by the parent, guardian, or legal custodian of a
28child.
29The bill provides that a parent, guardian, or legal
30custodian of a child, by a properly executed power of attorney,
31may delegate to another person any powers regarding the care
32or custody of the child except the power to consent to the
33child’s marriage, the power to consent to the child’s adoption,
34the power to consent to the performance or inducement of an
35abortion on or for the child, and the power to consent to the
-2-1termination of the parental rights of a parent of the child. A
2power of attorney executed under the bill must be signed by all
3parents, guardians, and legal custodians of a child and must
4be properly acknowledged by a notary. A parent, guardian, or
5legal custodian shall have the authority to revoke or terminate
6a power of attorney created under the bill at any time.
7A power of attorney created under the bill shall be for a
8period of time not to exceed six months. The parent, guardian,
9or legal custodian of the child is required to execute a new
10power of attorney for an additional period of six months, and
11the power of attorney cannot exceed one year. If the parent,
12guardian, or legal custodian revokes or terminates the power of
13attorney, the child shall be returned to the care and custody
14of the parent, guardian, or legal custodian within 24 hours of
15the date of the revocation or termination.
16An agent (person granted authority to act for a parent,
17guardian, or legal custodian under a power of attorney
18created in the bill) is required to exercise parental or legal
19authority on a continuous basis without compensation for the
20duration of the power of attorney and shall not be considered
21to be a foster parent subject to licensure by the department
22of human services pursuant to Code chapter 237 (child foster
23care facilities). A power of attorney executed under the bill
24by a parent, guardian, or legal custodian shall not constitute
25abandonment, abuse, or neglect of the child under Code chapter
26232 by the parent, guardian, or legal custodian unless the
27parent, guardian, or legal custodian fails to take custody of
28the child or to execute a subsequent power of attorney upon the
29expiration of the power of attorney.
30The bill provides power of attorney execution requirements
31and requires the department of human services, in consultation
32with the judicial branch, to develop forms for carrying out the
33provisions of the bill.
34The bill does not apply to a power of attorney created
35pursuant to Code section 598C.204 (power of attorney under the
-3-1uniform deployed parents custody and visitation Act).
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2authority by the parent, guardian, or legal custodian of a
3child.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 633F.1 Definitions.
21. “Agent” means a person granted authority to act for a
3parent, guardian, or legal custodian under a power of attorney
4created under this chapter.
52. “Child” means a person under eighteen years of age.
63. “Power of attorney” means a writing that grants authority
7to an agent to act in the place of a parent, guardian, or legal
8custodian regarding the care or custody of a child.
9 Sec. 2. NEW SECTION. 633F.2 Power of attorney — temporary
10delegation of parental authority.
111. A parent, guardian, or legal custodian of a child, by a
12properly executed power of attorney, may delegate to another
13person any authority regarding the care or custody of the child
14except for any of the following powers:
15a. The power to consent to the child’s marriage.
16b. The power to consent to the child’s adoption.
17c. The power to consent to the performance or inducement of
18an abortion on or for the child.
19d. The power to consent to the termination of the parental
20rights of a parent of the child.
212. A power of attorney executed under this chapter must be
22signed by all parents, guardians, and legal custodians. The
23power of attorney must be acknowledged before a notary public
24or other individual authorized by law to take acknowledgments.
25An agent named in the power of attorney shall not notarize the
26principal’s signature. An acknowledged signature on a power of
27attorney is presumed to be genuine.
283. A parent, guardian, or legal custodian of the child shall
29have the authority to revoke or terminate a power of attorney
30created under this chapter at any time by giving notice of the
31revocation in writing to the agent.
324. A power of attorney created under this chapter shall
33be for a period of time not to exceed six months. A parent,
34guardian, or legal custodian of the child may execute a new
35power of attorney for an additional period of six months, but
-1-1in no case shall a power of attorney created under this chapter
2be valid for more than one year. If a parent, guardian, or
3legal custodian revokes or terminates the power of attorney,
4the child shall be returned to the care and custody of the
5parent, guardian, or legal custodian within twenty-four hours
6of the date of the revocation or termination.
75. An agent shall exercise parental or legal authority on a
8continuous basis without compensation for the duration of the
9power of attorney and shall not be considered to be a foster
10parent subject to licensure by the department of human services
11pursuant to chapter 237.
126. A power of attorney executed under this chapter by a
13parent, guardian, or legal custodian shall not constitute
14abandonment, abuse, or neglect of the child under chapter 232
15by the parent, guardian, or legal custodian unless the parent,
16guardian, or legal custodian fails to take custody of the child
17upon the expiration of the power of attorney.
187. This chapter shall not apply to a power of attorney
19created pursuant to section 598C.204.
208. The department of human services, in consultation with
21the judicial branch, shall develop forms for carrying out the
22provisions of this chapter.
23EXPLANATION
24The inclusion of this explanation does not constitute agreement with
25the explanation’s substance by the members of the general assembly.
26This bill relates to the temporary delegation of parental
27authority by the parent, guardian, or legal custodian of a
28child.
29The bill provides that a parent, guardian, or legal
30custodian of a child, by a properly executed power of attorney,
31may delegate to another person any powers regarding the care
32or custody of the child except the power to consent to the
33child’s marriage, the power to consent to the child’s adoption,
34the power to consent to the performance or inducement of an
35abortion on or for the child, and the power to consent to the
-2-1termination of the parental rights of a parent of the child. A
2power of attorney executed under the bill must be signed by all
3parents, guardians, and legal custodians of a child and must
4be properly acknowledged by a notary. A parent, guardian, or
5legal custodian shall have the authority to revoke or terminate
6a power of attorney created under the bill at any time.
7A power of attorney created under the bill shall be for a
8period of time not to exceed six months. The parent, guardian,
9or legal custodian of the child is required to execute a new
10power of attorney for an additional period of six months, and
11the power of attorney cannot exceed one year. If the parent,
12guardian, or legal custodian revokes or terminates the power of
13attorney, the child shall be returned to the care and custody
14of the parent, guardian, or legal custodian within 24 hours of
15the date of the revocation or termination.
16An agent (person granted authority to act for a parent,
17guardian, or legal custodian under a power of attorney
18created in the bill) is required to exercise parental or legal
19authority on a continuous basis without compensation for the
20duration of the power of attorney and shall not be considered
21to be a foster parent subject to licensure by the department
22of human services pursuant to Code chapter 237 (child foster
23care facilities). A power of attorney executed under the bill
24by a parent, guardian, or legal custodian shall not constitute
25abandonment, abuse, or neglect of the child under Code chapter
26232 by the parent, guardian, or legal custodian unless the
27parent, guardian, or legal custodian fails to take custody of
28the child or to execute a subsequent power of attorney upon the
29expiration of the power of attorney.
30The bill provides power of attorney execution requirements
31and requires the department of human services, in consultation
32with the judicial branch, to develop forms for carrying out the
33provisions of the bill.
34The bill does not apply to a power of attorney created
35pursuant to Code section 598C.204 (power of attorney under the
-3-1uniform deployed parents custody and visitation Act).
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