SB 180: "An Act relating to the temporary delegation by a parent or guardian of powers related to a child; relating to adoption; and relating to the distribution to a parent or guardian in a child protection situation of information on family support services."
00 SENATE BILL NO. 180 01 "An Act relating to the temporary delegation by a parent or guardian of powers related 02 to a child; relating to adoption; and relating to the distribution to a parent or guardian 03 in a child protection situation of information on family support services." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 13.26.020 is amended to read: 06 Sec. 13.26.020. Delegation of powers over incapacitated person by parent 07 or guardian. A parent or a guardian of an adult [A MINOR OR] incapacitated 08 person, by a properly executed power of attorney, may delegate to another person, for 09 a period not exceeding one year, any powers regarding care, custody, or property of 10 the adult incapacitated person [MINOR CHILD OR WARD, EXCEPT THE 11 POWER TO CONSENT TO MARRIAGE OR ADOPTION OF A MINOR WARD]. 12 * Sec. 2. AS 13.26 is amended by adding a new section to read: 13 Sec. 13.26.023. Delegation of powers over minor child. (a) A parent or a 14 guardian of a minor child, by a properly executed power of attorney that is
01 substantially in the form provided in (f) of this section, may delegate to another person 02 one or more powers regarding the care, custody, or property of the minor child, except 03 the power to consent to 04 (1) the marriage or adoption of the minor child; 05 (2) the performance or inducement of an abortion on or for the minor 06 child; or 07 (3) the termination of parental rights to the minor child. 08 (b) A parent or guardian who delegates a power under (a) of this section may 09 revoke the power of attorney at any time. If a parent or guardian revokes a power of 10 attorney, the attorney-in-fact shall return the minor child to the custody of the parent 11 or the guardian as soon as reasonably possible after the revocation. 12 (c) Except as provided in (d) of this section, a power of attorney under this 13 section is not effective for a period that exceeds one year. However, after a power of 14 attorney expires under this subsection, a parent or guardian may enter into a new 15 power of attorney. 16 (d) A power of attorney made by a military parent or guardian may be effective 17 for a period that exceeds one year if the military parent or guardian is on active duty, 18 but the power of attorney is not effective for a period that exceeds the length of the 19 active duty plus 30 days. 20 (e) Unless a parent or guardian revokes a power of attorney, the attorney-in- 21 fact shall exercise the power in the power of attorney without compensation for the 22 duration of the power of attorney. 23 (f) To designate an attorney-in-fact, a parent or guardian shall execute a power 24 of attorney that is in substantially the following form: 25 STATUTORY FORM FOR POWER OF ATTORNEY 26 TO DELEGATE THE POWERS OF A PARENT OR GUARDIAN 27 Section 1. I certify that I am the parent or guardian of: 28 ______________________________ ___________________________ 29 (Full name of minor child) (Date of birth) 30 ______________________________ ___________________________ 31 (Full name of minor child) (Date of birth)
01 ______________________________ ___________________________ 02 (Full name of minor child) (Date of birth) 03 who is/are minor children. 04 Section 2. I designate _________________________ (Full name of attorney- 05 in-fact), ________________________________________________________ 06 (Street address, city, state and zip code of attorney-in-fact) 07 ______________________________ ___________________________ 08 (Home telephone of attorney-in-fact) (Work telephone of attorney-in- 09 fact) 10 as the attorney-in-fact of each minor child named above. 11 Section 3. I delegate to the attorney-in-fact all of my power and authority 12 regarding the care, custody, and property of each minor child named above, 13 including the right to enroll the child in school, the right to inspect and obtain 14 copies of education records and other records concerning the child, the right to 15 attend school activities and other functions concerning the child, and the right 16 to give or withhold any consent or waiver with respect to school activities, 17 medical treatment, dental treatment, and other activity, function, or treatment 18 that may concern the minor child. This delegation does not include the power 19 or authority to consent to the marriage or adoption of the minor child, the 20 performance or inducement of an abortion on or for the minor child, or the 21 termination of parental rights to the minor child. 22 OR 23 Section 4. I delegate to my attorney-in-fact the following specific powers and 24 responsibilities (write in): 25 _______________________________________________________________ 26 _______________________________________________________________ 27 Delegation under this section does not include the power or authority to 28 consent to the marriage or adoption of the minor child, the performance or 29 inducement of an abortion on or for the minor child, or the termination of 30 parental rights to the minor child. 31 (If you complete Section 4, Section 3 does not apply).
01 Section 5. This power of attorney is effective for a period not to exceed one 02 year, beginning _____________, 20 _____, and ending _______, 20 _____. I 03 reserve the right to revoke this authority at any time. 04 OR 05 Section 6. I am a military parent or guardian under AS 13.26.023(d). My active 06 duty is scheduled to begin on _____________, 20 _____, and is estimated to 07 end on ____________, 20 _____. I acknowledge that this power of attorney 08 will not last more than one year, or the term of my active duty service plus 30 09 days, whichever period is longer. 10 By: ___________________________ 11 (Parent/guardian signature) 12 Section 7. I hereby accept my designation as attorney-in-fact for the minor 13 child/children identified in this power of attorney. 14 ________________________________ 15 (Attorney-in-fact signature) 16 State of _____________ 17 _______ Judicial District 18 ACKNOWLEDGMENT 19 Before me, the undersigned, a Notary Public, in and for the Judicial District 20 and State identified above, on this ____ day of _____________, 20 ____, 21 personally appeared _________________________ (name of parent/guardian) 22 and _________________________ (name of attorney-in-fact), to me known to 23 be the persons who executed this power of attorney and each acknowledged to 24 me that each executed the same as the person's free and voluntary act and deed 25 for the uses and purposes set out in this power of attorney. 26 Witness my hand and official seal the day and year written above. 27 _________________________________ 28 (Signature of notary public) 29 (Seal, if any) 30 _________________________________ 31 (Title and rank)
01 My commission expires: _____________ 02 (g) A power of attorney does not change parental rights, legal rights, 03 obligations, or other authority established by an existing court order, and does not 04 deprive the parent or guardian of rights, obligations, or other authority relating to the 05 custody, visitation, or support of the minor child. 06 (h) Except as otherwise determined under another statute, the execution of a 07 power of attorney by a parent or guardian does not constitute abandonment, neglect, or 08 abuse of the minor child or ward under AS 47.10.013 - 47.10.015, unless the parent or 09 guardian fails, after the power of attorney terminates, to retake custody of the child 10 and does not execute a new power of attorney. 11 (i) Under a power of attorney, a minor child is not considered to be in foster 12 care, and the attorney-in-fact is not considered to be providing foster care for which a 13 license is required under AS 47.32. 14 (j) Notwithstanding another law to the contrary, the appointment of an 15 attorney-in-fact does not subject the attorney-in-fact to the licensing requirements 16 under AS 47.32 or to other requirements that apply to a child care facility or foster 17 care. The power of attorney does not constitute an out-of-home placement of a child 18 under AS 47.10. 19 (k) In this section, 20 (1) "active duty" means military duties that are performed full-time; 21 (2) "attorney-in-fact" means the individual to whom a parent or 22 guardian gives a power under a power of attorney; 23 (3) "child care facility" means a child care facility required to be 24 licensed under AS 47.32; 25 (4) "foster care" means care provided by a person for which a foster 26 home license is required by AS 47.32; 27 (5) "guardian" means a natural person who is legally appointed the 28 guardian of a minor child by the court under this chapter; 29 (6) "military parent or guardian" means a person who is a parent or 30 guardian of a minor and who is a member of 31 (A) the armed forces of the United States;
01 (B) a reserve component of the armed forces of the United 02 States; 03 (C) the National Oceanic and Atmospheric Administration 04 Commissioned Officer Corps or the United States Public Health Service 05 Commissioned Corps, if the member is 06 (i) assigned by proper authority to duty with the armed 07 forces of the United States; or 08 (ii) required to serve on active duty with the armed 09 forces of the United States under a call or order of the President of the 10 United States, or to serve on active duty with the military forces of the 11 state; 12 (7) "minor child" means a natural person who is under 18 years of age, 13 including a stepchild or a grandchild, but not including a foster child; 14 (8) "parent" includes a stepparent or a grandparent, and a parent who is 15 incarcerated for a criminal conviction, but not a foster parent; 16 (9) "power of attorney" means a power of attorney entered into under 17 this section. 18 * Sec. 3. AS 25.23.060(c) is amended to read: 19 (c) A consent executed under this section is effective as a power of attorney 20 under AS 13.26.023 [AS 13.26.020]. Unless the consent form provides otherwise, and 21 regardless of whether the form names or identifies the adoptive parent, the consent 22 delegates to the adoptive parent all powers that may be delegated under AS 13.26.023 23 [AS 13.26.020]. The power of attorney takes effect when the child is delivered to the 24 adoptive parent, and remains in effect as long as the consent is in effect; but the power 25 of attorney is not effective beyond one year, unless the court extends it for good cause. 26 The power of attorney does not terminate on the death or disability of the person 27 executing the consent, unless the consent form so states. This subsection may not be 28 construed to alter the requirements of AS 47.70 (the Interstate Compact on the 29 Placement of Children). 30 * Sec. 4. AS 47.10.086(a) is amended to read: 31 (a) Except as provided in (b), (c), and (g) of this section, the department shall
01 make timely, reasonable efforts to provide family support services to the child and to 02 the parents or guardian of the child that are designed to prevent out-of-home 03 placement of the child or to enable the safe return of the child to the family home, 04 when appropriate, if the child is in an out-of-home placement. The department's duty 05 to make reasonable efforts under this subsection includes the duty to 06 (1) identify family support services that will assist the parent or 07 guardian in remedying the conduct or conditions in the home that made the child a 08 child in need of aid; 09 (2) actively offer the parent or guardian, and refer the parent or 10 guardian to, the services identified under (1) of this subsection; the department shall 11 refer the parent or guardian to, and distribute to the parent or guardian 12 information on, community-based family support services whenever community- 13 based services are available and desired by the parent or guardian; the information 14 may include the use of a power of attorney under AS 13.26.023 to select an 15 individual to care for the child temporarily; and 16 (3) document the department's actions that are taken under (1) and (2) 17 of this subsection.