Bill Text: IA SF360 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to the temporary delegation of parental authority by the parent, guardian, or legal custodian of a child. (See SF 540.)
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-03-07 - Committee report approving bill, renumbered as SF 540. S.J. 507. [SF360 Detail]
Download: Iowa-2019-SF360-Introduced.html
Senate
File
360
-
Introduced
SENATE
FILE
360
BY
COSTELLO
A
BILL
FOR
An
Act
relating
to
the
temporary
delegation
of
parental
1
authority
by
the
parent,
guardian,
or
legal
custodian
of
a
2
child.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
NEW
SECTION
.
633F.1
Definitions.
1
1.
“Agent”
means
a
person
granted
authority
to
act
for
a
2
parent,
guardian,
or
legal
custodian
under
a
power
of
attorney
3
created
under
this
chapter.
4
2.
“Child”
means
a
person
under
eighteen
years
of
age.
5
3.
“Power
of
attorney”
means
a
writing
that
grants
authority
6
to
an
agent
to
act
in
the
place
of
a
parent,
guardian,
or
legal
7
custodian
regarding
the
care
or
custody
of
a
child.
8
Sec.
2.
NEW
SECTION
.
633F.2
Power
of
attorney
——
temporary
9
delegation
of
parental
authority.
10
1.
A
parent,
guardian,
or
legal
custodian
of
a
child,
by
a
11
properly
executed
power
of
attorney,
may
delegate
to
another
12
person
any
authority
regarding
the
care
or
custody
of
the
child
13
except
for
any
of
the
following
powers:
14
a.
The
power
to
consent
to
the
child’s
marriage.
15
b.
The
power
to
consent
to
the
child’s
adoption.
16
c.
The
power
to
consent
to
the
performance
or
inducement
of
17
an
abortion
on
or
for
the
child.
18
d.
The
power
to
consent
to
the
termination
of
the
parental
19
rights
of
a
parent
of
the
child.
20
2.
A
power
of
attorney
executed
under
this
chapter
must
be
21
signed
by
all
parents,
guardians,
and
legal
custodians.
The
22
power
of
attorney
must
be
acknowledged
before
a
notary
public
23
or
other
individual
authorized
by
law
to
take
acknowledgments.
24
An
agent
named
in
the
power
of
attorney
shall
not
notarize
the
25
principal’s
signature.
An
acknowledged
signature
on
a
power
of
26
attorney
is
presumed
to
be
genuine.
27
3.
A
parent,
guardian,
or
legal
custodian
of
the
child
shall
28
have
the
authority
to
revoke
or
terminate
a
power
of
attorney
29
created
under
this
chapter
at
any
time
by
giving
notice
of
the
30
revocation
in
writing
to
the
agent.
31
4.
A
power
of
attorney
created
under
this
chapter
shall
32
be
for
a
period
of
time
not
to
exceed
six
months.
A
parent,
33
guardian,
or
legal
custodian
of
the
child
may
execute
a
new
34
power
of
attorney
for
an
additional
period
of
six
months,
but
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in
no
case
shall
a
power
of
attorney
created
under
this
chapter
1
be
valid
for
more
than
one
year.
If
a
parent,
guardian,
or
2
legal
custodian
revokes
or
terminates
the
power
of
attorney,
3
the
child
shall
be
returned
to
the
care
and
custody
of
the
4
parent,
guardian,
or
legal
custodian
within
twenty-four
hours
5
of
the
date
of
the
revocation
or
termination.
6
5.
An
agent
shall
exercise
parental
or
legal
authority
on
a
7
continuous
basis
without
compensation
for
the
duration
of
the
8
power
of
attorney
and
shall
not
be
considered
to
be
a
foster
9
parent
subject
to
licensure
by
the
department
of
human
services
10
pursuant
to
chapter
237.
11
6.
A
power
of
attorney
executed
under
this
chapter
by
a
12
parent,
guardian,
or
legal
custodian
shall
not
constitute
13
abandonment,
abuse,
or
neglect
of
the
child
under
chapter
232
14
by
the
parent,
guardian,
or
legal
custodian
unless
the
parent,
15
guardian,
or
legal
custodian
fails
to
take
custody
of
the
child
16
upon
the
expiration
of
the
power
of
attorney.
17
7.
This
chapter
shall
not
apply
to
a
power
of
attorney
18
created
pursuant
to
section
598C.204.
19
8.
The
department
of
human
services,
in
consultation
with
20
the
judicial
branch,
shall
develop
forms
for
carrying
out
the
21
provisions
of
this
chapter.
22
EXPLANATION
23
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
24
the
explanation’s
substance
by
the
members
of
the
general
assembly.
25
This
bill
relates
to
the
temporary
delegation
of
parental
26
authority
by
the
parent,
guardian,
or
legal
custodian
of
a
27
child.
28
The
bill
provides
that
a
parent,
guardian,
or
legal
29
custodian
of
a
child,
by
a
properly
executed
power
of
attorney,
30
may
delegate
to
another
person
any
powers
regarding
the
care
31
or
custody
of
the
child
except
the
power
to
consent
to
the
32
child’s
marriage,
the
power
to
consent
to
the
child’s
adoption,
33
the
power
to
consent
to
the
performance
or
inducement
of
an
34
abortion
on
or
for
the
child,
and
the
power
to
consent
to
the
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termination
of
the
parental
rights
of
a
parent
of
the
child.
A
1
power
of
attorney
executed
under
the
bill
must
be
signed
by
all
2
parents,
guardians,
and
legal
custodians
of
a
child
and
must
3
be
properly
acknowledged
by
a
notary.
A
parent,
guardian,
or
4
legal
custodian
shall
have
the
authority
to
revoke
or
terminate
5
a
power
of
attorney
created
under
the
bill
at
any
time.
6
A
power
of
attorney
created
under
the
bill
shall
be
for
a
7
period
of
time
not
to
exceed
six
months.
The
parent,
guardian,
8
or
legal
custodian
of
the
child
is
required
to
execute
a
new
9
power
of
attorney
for
an
additional
period
of
six
months,
and
10
the
power
of
attorney
cannot
exceed
one
year.
If
the
parent,
11
guardian,
or
legal
custodian
revokes
or
terminates
the
power
of
12
attorney,
the
child
shall
be
returned
to
the
care
and
custody
13
of
the
parent,
guardian,
or
legal
custodian
within
24
hours
of
14
the
date
of
the
revocation
or
termination.
15
An
agent
(person
granted
authority
to
act
for
a
parent,
16
guardian,
or
legal
custodian
under
a
power
of
attorney
17
created
in
the
bill)
is
required
to
exercise
parental
or
legal
18
authority
on
a
continuous
basis
without
compensation
for
the
19
duration
of
the
power
of
attorney
and
shall
not
be
considered
20
to
be
a
foster
parent
subject
to
licensure
by
the
department
21
of
human
services
pursuant
to
Code
chapter
237
(child
foster
22
care
facilities).
A
power
of
attorney
executed
under
the
bill
23
by
a
parent,
guardian,
or
legal
custodian
shall
not
constitute
24
abandonment,
abuse,
or
neglect
of
the
child
under
Code
chapter
25
232
by
the
parent,
guardian,
or
legal
custodian
unless
the
26
parent,
guardian,
or
legal
custodian
fails
to
take
custody
of
27
the
child
or
to
execute
a
subsequent
power
of
attorney
upon
the
28
expiration
of
the
power
of
attorney.
29
The
bill
provides
power
of
attorney
execution
requirements
30
and
requires
the
department
of
human
services,
in
consultation
31
with
the
judicial
branch,
to
develop
forms
for
carrying
out
the
32
provisions
of
the
bill.
33
The
bill
does
not
apply
to
a
power
of
attorney
created
34
pursuant
to
Code
section
598C.204
(power
of
attorney
under
the
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