Senate File 78 - Introduced
SENATE FILE
BY SINCLAIR
A BILL FOR
1 An Act relating to the temporary delegation of parental
2 authority by the parent or legal custodian of a child.
3 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 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 authority.
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 authority 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 consent to the termination of the parental
1 20 rights of a parent 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 6, 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 must 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 authority 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 consent to the termination of
3 1 the parental rights of a parent of the child. A parent or legal
3 2 custodian shall have the authority to revoke or terminate a
3 3 power of attorney 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.
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