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IN HB1354
Bill
Status
1/12/2016
Primary Sponsor
Curt Nisly
Click for details
AI Summary
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Parents and guardians may delegate powers regarding a minor's health care, support, custody, or property through a power of attorney for up to 12 months, during institutional care, or for the duration of active military service plus 30 days.
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A delegation of parental powers is not considered foster care placement and does not subject any party to foster care licensing requirements or regulations.
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A delegation cannot constitute abandonment, abuse, or neglect unless the parent or guardian fails to contact the attorney-in-fact or execute a new power of attorney after the original delegation expires.
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Parents and guardians cannot delegate the power to consent to marriage, adoption, or petition for dissolution of marriage on behalf of a minor.
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Licensed foster family homes may provide 24-hour care to a minor under delegation, except when also caring for a child placed by the Department of Child Services or under a juvenile court order.
Legislative Description
Delegation of parental powers. Provides that a delegation of powers by a parent or guardian regarding the health care, support, custody, or property of the minor: (1) is not considered placing the minor in foster care; (2) does not subject any party to foster care licensing or rules; and (3) is not considered abandonment, abuse, or neglect, absent other evidence or unless the parent or guardian fails to contact the attorney-in-fact or execute a new power of attorney upon expiration of the original power of attorney. Permits a parent or guardian in active military service to delegate powers regarding the
Last Action
First reading: referred to Committee on Judiciary
1/12/2016