Bill Text: IA SF2071 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A bill for an act relating to the temporary delegation of parental rights by the parent or legal custodian of a child.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2016-02-04 - Subcommittee, Kinney, Hogg, and Zaun. S.J. 164. [SF2071 Detail]
Download: Iowa-2015-SF2071-Introduced.html
Senate File 2071 - Introduced SENATE FILE BY KINNEY A BILL FOR 1 An Act relating to the temporary delegation of parental rights 2 by the parent or legal custodian of a child. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 5004XS (3) 86 rh/rj PAG LIN 1 1 Section 1. NEW SECTION. 633F.1 Definitions. 1 2 1. "Agent" means a person granted authority to act for a 1 3 parent or legal custodian under a power of attorney created 1 4 under this chapter. 1 5 2. "Child" means a person under eighteen years of age. 1 6 3. "Power of attorney" means a writing that grants authority 1 7 to an agent to act in the place of a parent or legal custodian 1 8 regarding the care or custody of a child. 1 9 Sec. 2. NEW SECTION. 633F.2 Power of attorney == temporary 1 10 delegation of parental rights. 1 11 1. A parent or legal custodian of a child, by a properly 1 12 executed power of attorney, may delegate to another person any 1 13 powers regarding the care or custody of the child except for 1 14 any of the following powers: 1 15 a. The power to consent to the child's marriage. 1 16 b. The power to consent to the child's adoption. 1 17 c. The power to consent to the performance or inducement of 1 18 an abortion on or for the child. 1 19 d. The power to terminate the parental rights of a parent 1 20 of the child. 1 21 2. The parent or legal custodian of the child shall have the 1 22 authority to revoke or terminate a power of attorney created 1 23 under this chapter at any time. 1 24 3. Except as provided in subsection 7, a power of attorney 1 25 created under this chapter shall be for a period of time not to 1 26 exceed one year. The parent or legal custodian of the child 1 27 shall execute a new power of attorney for each additional year 1 28 that the delegation of power exists. If the parent or legal 1 29 custodian revokes or terminates the power of attorney, the 1 30 child shall be returned to the care and custody of the parent 1 31 or legal custodian as soon as reasonably possible. 1 32 4. An agent shall exercise parental or legal authority on a 1 33 continuous basis without compensation for the duration of the 1 34 power of attorney and shall not be considered to be a foster 1 35 parent subject to licensure by the department of human services 2 1 pursuant to chapter 237. 2 2 5. A power of attorney executed under this chapter by a 2 3 parent or legal custodian shall not constitute abandonment, 2 4 abuse, or neglect of the child by the parent or legal custodian 2 5 unless the parent or legal custodian fails to take custody of 2 6 the child or to execute a subsequent power of attorney upon the 2 7 expiration of the original power of attorney. 2 8 6. A parent or legal guardian who is at the time of 2 9 execution of a power of attorney under this chapter a member of 2 10 the national guard, reserve, or regular component of the armed 2 11 forces of the United States who is serving on active duty may 2 12 execute a power of attorney for a period longer than one year, 2 13 not to exceed the term of active duty service plus thirty days. 2 14 7. A power of attorney executed under this chapter shall be 2 15 signed by the parent or legal custodian. The power of attorney 2 16 must be acknowledged before a notary public or other individual 2 17 authorized by law to take acknowledgments. An agent named 2 18 in the power of attorney shall not notarize the principal's 2 19 signature. An acknowledged signature on a power of attorney is 2 20 presumed to be genuine. 2 21 8. The department of human services, in consultation with 2 22 the judicial branch, shall develop forms for carrying out the 2 23 provisions of this chapter. 2 24 EXPLANATION 2 25 The inclusion of this explanation does not constitute agreement with 2 26 the explanation's substance by the members of the general assembly. 2 27 This bill relates to the temporary delegation of parental 2 28 rights by the parent or legal custodian of a child. 2 29 The bill provides that a parent or legal custodian of a 2 30 child, by a properly executed power of attorney, may delegate 2 31 to another person any powers regarding the care or custody of 2 32 the child except the power to consent to the child's marriage, 2 33 the power to consent to the child's adoption, the power to 2 34 consent to the performance or inducement of an abortion on or 2 35 for the child, and the power to terminate the parental rights 3 1 of a parent of the child. A parent or legal custodian shall 3 2 have the authority to revoke or terminate a power of attorney 3 3 created under the bill at any time. 3 4 Except for certain military personnel, a power of attorney 3 5 created under the bill shall be for a period of time not to 3 6 exceed one year. The parent or legal custodian of the child is 3 7 required to execute a new power of attorney for each additional 3 8 year that the delegation of power exists. If the parent or 3 9 legal custodian revokes or terminates the power of attorney, 3 10 the child shall be returned to the care and custody of the 3 11 parent or legal custodian as soon as reasonably possible. 3 12 An agent (person granted authority to act for a parent 3 13 or legal custodian under a power of attorney created in the 3 14 bill) is required to exercise parental or legal authority on a 3 15 continuous basis without compensation for the duration of the 3 16 power of attorney and shall not be considered to be a foster 3 17 parent subject to licensure by the department of human services 3 18 pursuant to Code chapter 237 (child foster care facilities). A 3 19 power of attorney executed under the bill by a parent or legal 3 20 custodian shall not constitute abandonment, abuse, or neglect 3 21 of the child by the parent or legal custodian unless the parent 3 22 or legal custodian fails to take custody of the child or to 3 23 execute a subsequent power of attorney upon the expiration of 3 24 the original power of attorney. 3 25 The bill provides power of attorney execution requirements 3 26 and requires the department of human services, in consultation 3 27 with the judicial branch, to develop forms for carrying out the 3 28 provisions of the bill. LSB 5004XS (3) 86 rh/rj