Under current law, a parent or guardian of a minor or incapacitated
person may delegate to another person power regarding care, custody, or property of the minor or ward for up to 12 months by executing a power
of attorney.
The bill permits a parent or guardian to use the assistance of a
temporary care assistance program operated by a qualified nonprofit organization to identify an appropriate and safe approved temporary caregiver to whom the parent or guardian can choose to delegate temporary care responsibility of a minor through a power of attorney.
The bill limits the duration of a power of attorney that delegates
temporary care responsibility of a minor to an approved temporary caregiver to 6 months, though the parent or guardian can elect to execute subsequent powers of attorney up to the maximum 12 months. The 12-month restriction does not apply to deployed or active duty military members. The bill clarifies that such a power of attorney can be revoked at any time and does not change legal rights or obligations existing pursuant to a court order. The minor must be returned to the custody of the parent or guardian within 48 hours after termination of the power of attorney.
A temporary care assistance program is permitted to approve as a
temporary caregiver any person who:
•
Meets the standards prescribed by the temporary care assistance program;
•
Satisfactorily completes required criminal and child abuse and neglect background checks and sex offender registration checks; and
•
Receives training conducted by the temporary care assistance program.
The department of human services may investigate a temporary
care assistance program to ensure it is complying with the requirement to conduct background checks on temporary caregivers. The department may assess a fine of $1,000 for each violation of the requirement. Employees of qualified nonprofit organizations are mandatory reporters of child abuse and neglect.
A power of attorney that delegates temporary care responsibility
of a minor to an approved temporary caregiver does not constitute child abuse or neglect, constitute placing the minor into foster care, or relieve parents, guardians, or minors of rights and obligations pursuant to court orders.
