Relating to the temporary delegation of parental authority by the parent, guardian, or legal custodian of a child

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, the power to consent to the termination of the parental rights of a parent of the child, and the power to transfer the power of attorney to another person unless the other person is designated as a successor agent in the power of attorney. 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 three months. The parent, guardian, or legal custodian of the child may execute a new power of attorney for an additional period of three months, but a power of attorney created under the bill cannot exceed six months. 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 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. A power of attorney created under the bill is not valid if the purpose is to avoid the filing of a child in need of assistance petition.204 (power of attorney under the uniform deployed parents custody and visitation Act). The bill provides a form for a temporary delegation of a parental authority power of attorney.