Bill Text: IA SF361 | 2017-2018 | 87th 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. (Formerly SF 78.)

Spectrum: Partisan Bill (? 1-0)

Status: (Engrossed - Dead) 2018-03-22 - Placed on calendar under unfinished business. H.J. 671. [SF361 Detail]

Download: Iowa-2017-SF361-Introduced.html

Senate File 361 - Introduced




                                 SENATE FILE       
                                 BY  COMMITTEE ON JUDICIARY

                                 (SUCCESSOR TO SF 78)

                                      A BILL FOR

  1 An Act relating to the temporary delegation of parental
  2    authority by the parent, guardian, or legal custodian of a
  3    child.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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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, guardian, or legal custodian under a power of attorney
  1  4 created 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, guardian, or legal
  1  8 custodian 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 authority.
  1 11    1.  A parent, guardian, or legal custodian of a child, by a
  1 12 properly executed power of attorney, may delegate to another
  1 13 person any authority regarding the care or custody of the child
  1 14 except for 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 consent to the termination of the parental
  1 20 rights of a parent of the child.
  1 21    2.  A power of attorney executed under this chapter must be
  1 22 signed by all parents, guardians, and legal custodians. The
  1 23 power of attorney must be acknowledged before a notary public
  1 24 or other individual authorized by law to take acknowledgments.
  1 25 An agent named in the power of attorney shall not notarize the
  1 26 principal's signature. An acknowledged signature on a power of
  1 27 attorney is presumed to be genuine.
  1 28    3.  A parent, guardian, or legal custodian of the child shall
  1 29 have the authority to revoke or terminate a power of attorney
  1 30 created under this chapter at any time by giving notice of the
  1 31 revocation in writing to the agent.
  1 32    4.  A power of attorney created under this chapter shall
  1 33 be for a period of time not to exceed ninety days. A parent,
  1 34 guardian, or legal custodian of the child may execute a new
  1 35 power of attorney for an additional period of ninety days, but
  2  1 in no case shall a power of attorney created under this chapter
  2  2 be valid for more than one hundred eighty days. If a parent,
  2  3 guardian, or legal custodian revokes or terminates the power of
  2  4 attorney, the child shall be returned to the care and custody
  2  5 of the parent, guardian, or legal custodian within twenty=four
  2  6 hours of the date of the revocation or termination.
  2  7    5.  An agent shall exercise parental or legal authority on a
  2  8 continuous basis without compensation for the duration of the
  2  9 power of attorney and shall not be considered to be a foster
  2 10 parent subject to licensure by the department of human services
  2 11 pursuant to chapter 237.
  2 12    6.  A power of attorney executed under this chapter by a
  2 13 parent, guardian, or legal custodian shall not constitute
  2 14 abandonment, abuse, or neglect of the child under chapter 232
  2 15 by the parent, guardian, or legal custodian unless the parent,
  2 16 guardian, or legal custodian fails to take custody of the child
  2 17 upon the expiration of the power of attorney.
  2 18    7.  This chapter shall not apply to a power of attorney
  2 19 created pursuant to section 598C.204.
  2 20    8.  The department of human services, in consultation with
  2 21 the judicial branch, shall develop forms for carrying out the
  2 22 provisions of this chapter.
  2 23                           EXPLANATION
  2 24 The inclusion of this explanation does not constitute agreement with
  2 25 the explanation's substance by the members of the general assembly.
  2 26    This bill relates to the temporary delegation of parental
  2 27 authority by the parent, guardian, or legal custodian of a
  2 28 child.
  2 29    The bill provides that a parent, guardian, or legal
  2 30 custodian of a child, by a properly executed power of attorney,
  2 31 may delegate to another person any powers regarding the care
  2 32 or custody of the child except the power to consent to the
  2 33 child's marriage, the power to consent to the child's adoption,
  2 34 the power to consent to the performance or inducement of an
  2 35 abortion on or for the child, and the power to consent to the
  3  1 termination of the parental rights of a parent of the child. A
  3  2 power of attorney executed under the bill must be signed by all
  3  3 parents, guardians, and legal custodians of a child and must
  3  4 be properly acknowledged by a notary. A parent, guardian, or
  3  5 legal custodian shall have the authority to revoke or terminate
  3  6 a power of attorney created under the bill at any time.
  3  7    A power of attorney created under the bill shall be for a
  3  8 period of time not to exceed 90 days. The parent, guardian, or
  3  9 legal custodian of the child is required to execute a new power
  3 10 of attorney for an additional period of 90 days, and the power
  3 11 of attorney cannot exceed 180 days. If the parent, guardian,
  3 12 or legal custodian revokes or terminates the power of attorney,
  3 13 the child shall be returned to the care and custody of the
  3 14 parent, guardian, or legal custodian within 24 hours of the
  3 15 date of the revocation or termination.
  3 16    An agent (person granted authority to act for a parent,
  3 17 guardian, or legal custodian under a power of attorney
  3 18 created in the bill) is required to exercise parental or legal
  3 19 authority on a continuous basis without compensation for the
  3 20 duration of the power of attorney and shall not be considered
  3 21 to be a foster parent subject to licensure by the department
  3 22 of human services pursuant to Code chapter 237 (child foster
  3 23 care facilities).  A power of attorney executed under the bill
  3 24 by a parent, guardian, or legal custodian shall not constitute
  3 25 abandonment, abuse, or neglect of the child under Code chapter
  3 26 232 by the parent, guardian, or legal custodian unless the
  3 27 parent, guardian, or legal custodian fails to take custody of
  3 28 the child or to execute a subsequent power of attorney upon the
  3 29 expiration of the power of attorney.
  3 30    The bill provides power of attorney execution requirements
  3 31 and requires the department of human services, in consultation
  3 32 with the judicial branch, to develop forms for carrying out the
  3 33 provisions of the bill.
  3 34    The bill does not apply to a power of attorney created
  3 35 pursuant to Code section 598C.204 (power of attorney under the
  4  1 uniform deployed parents custody and visitation Act).
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