Enrolled SB 180: Relating to the temporary delegation by a parent or guardian of powers related to a child; relating to adoption; relating to nonprofit organizations that provide certain assistance to parents; relating to the distribution to a parent or guardian in a child protection situation of information on family support services; and providing for an effective date.
00Enrolled SB 180 01 Relating to the temporary delegation by a parent or guardian of powers related to a child; 02 relating to adoption; relating to nonprofit organizations that provide certain assistance to 03 parents; relating to the distribution to a parent or guardian in a child protection situation of 04 information on family support services; and providing for an effective date. 05 _______________ 06 * Section 1. AS 13.26.020 is amended to read: 07 Sec. 13.26.020. Delegation of powers over incapacitated person by parent 08 or guardian. A parent or a guardian of an adult [A MINOR OR] incapacitated 09 person, by a properly executed power of attorney, may delegate to another person, for 10 a period not exceeding one year, any powers regarding care, custody, or property of 11 the adult incapacitated person [MINOR CHILD OR WARD, EXCEPT THE 12 POWER TO CONSENT TO MARRIAGE OR ADOPTION OF A MINOR WARD].
01 * Sec. 2. AS 13.26 is amended by adding a new section to read: 02 Sec. 13.26.023. Delegation of powers over minor child. (a) A parent or a 03 guardian of a minor child, by a properly executed power of attorney that is 04 substantially in the form provided in (f) of this section, may delegate to another person 05 one or more powers regarding the care or custody of the minor child, except the power 06 to consent to 07 (1) the marriage or adoption of the minor child; 08 (2) the performance or inducement of an abortion on or for the minor 09 child; or 10 (3) the termination of parental rights to the minor child. 11 (b) A parent or guardian of a minor child may revoke the power of attorney 12 made by the parent or guardian under (a) of this section at any time. A parent of a 13 minor child may revoke a power of attorney that another parent of the minor child has 14 made under (a) of this section. A guardian of a minor child may revoke a power of 15 attorney that another guardian of the minor child has made under (a) of this section. If 16 a parent or guardian revokes a power of attorney, the attorney-in-fact shall return the 17 minor child to the custody of the parent or the guardian as soon as reasonably possible 18 after the revocation. 19 (c) Except as provided in (d) of this section, a power of attorney under this 20 section is not effective for a period that exceeds one year. However, after a power of 21 attorney expires under this subsection, a parent or guardian may enter into a new 22 power of attorney. 23 (d) A power of attorney made by a military parent or guardian may be effective 24 for a period that exceeds one year if the military parent or guardian is on active duty, 25 but the power of attorney is not effective for a period that exceeds the length of the 26 active duty plus 30 days. 27 (e) Unless a parent or guardian revokes a power of attorney, the attorney-in- 28 fact shall exercise the power in the power of attorney without compensation for the 29 duration of the power of attorney. 30 (f) To designate an attorney-in-fact, a parent or guardian shall execute a power 31 of attorney that is in substantially the following form:
01 STATUTORY FORM FOR POWER OF ATTORNEY 02 TO DELEGATE THE POWERS OF A PARENT OR GUARDIAN 03 Section 1. I certify that I am the parent or guardian of 04 ______________________________ ___________________________ 05 (Full name of minor child) (Date of birth) 06 ______________________________ ___________________________ 07 (Full name of minor child) (Date of birth) 08 ______________________________ ___________________________ 09 (Full name of minor child) (Date of birth) 10 who is/are minor children. 11 Section 2. I designate _________________________ (Full name of attorney- 12 in-fact), ________________________________________________________ 13 (Street address, city, state, and zip code of attorney-in-fact) 14 ______________________________ ___________________________ 15 (Home telephone of attorney-in-fact) (Work telephone of attorney-in- 16 fact) 17 as the attorney-in-fact of each minor child named above. 18 Section 3. I delegate to the attorney-in-fact all of my power and authority 19 regarding the care and custody of each minor child named above, including the 20 right to enroll the child in school, the right to inspect and obtain copies of 21 education records and other records concerning the child, the right to attend 22 school activities and other functions concerning the child, and the right to give 23 or withhold any consent or waiver with respect to school activities, medical 24 treatment, dental treatment, and other activity, function, or treatment that may 25 concern the minor child. This delegation does not include the power or 26 authority to consent to the marriage or adoption of the minor child, the 27 performance or inducement of an abortion on or for the minor child, or the 28 termination of parental rights to the minor child. 29 OR 30 Section 4. I delegate to my attorney-in-fact the following specific powers and 31 responsibilities (write in):
01 _______________________________________________________________ 02 _______________________________________________________________ 03 Delegation under this section does not include the power or authority to 04 consent to the marriage or adoption of the minor child, the performance or 05 inducement of an abortion on or for the minor child, or the termination of 06 parental rights to the minor child. 07 (If you complete Section 4, Section 3 does not apply). 08 Section 5. This power of attorney is effective for a period not to exceed one 09 year, beginning _____________, 20 _____, and ending _______, 20 _____. I 10 reserve the right to revoke this authority at any time. 11 OR 12 Section 6. I am a military parent or guardian under AS 13.26.023(d). My active 13 duty is scheduled to begin on _____________, 20 _____, and is estimated to 14 end on ____________, 20 _____. I acknowledge that this power of attorney 15 will not last more than one year, or the term of my active duty service plus 30 16 days, whichever period is longer. 17 By: ___________________________ 18 (Parent/guardian signature) 19 Section 7. I hereby accept my designation as attorney-in-fact for the minor 20 child/children identified in this power of attorney. 21 ________________________________ 22 (Attorney-in-fact signature) 23 State of _____________ 24 _______ Judicial District 25 ACKNOWLEDGMENT 26 Before me, the undersigned, a Notary Public, in and for the Judicial District 27 and State identified above, on this ____ day of _____________, 20 ____, 28 personally appeared _________________________ (name of parent/guardian) 29 and _________________________ (name of attorney-in-fact), to me known to 30 be the persons who executed this power of attorney, and each acknowledged to 31 me that each executed the same as the person's free and voluntary act and deed
01 for the uses and purposes set out in this power of attorney. 02 Witness my hand and official seal the day and year written above. 03 _________________________________ 04 (Signature of notary public) 05 (Seal, if any) 06 _________________________________ 07 (Title and rank) 08 My commission expires: _____________ 09 (g) A power of attorney does not change parental rights, legal rights, 10 obligations, or other authority established by an existing court order and does not 11 deprive the parent or guardian of rights, obligations, or other authority relating to the 12 custody, visitation, or support of the minor child. 13 (h) Except as otherwise determined under another statute, the execution of a 14 power of attorney by a parent or guardian does not constitute abandonment, neglect, or 15 abuse of the minor child or ward under AS 47.10.013 - 47.10.015, unless the parent or 16 guardian fails, after the power of attorney terminates, to retake custody of the child 17 and does not execute a new power of attorney. 18 (i) Under a power of attorney, a minor child is not considered to be in foster 19 care, and the attorney-in-fact is not considered to be providing foster care for which a 20 license is required under AS 47.32. 21 (j) In this section, 22 (1) "active duty" means military duties that are performed full time; 23 (2) "attorney-in-fact" means the individual to whom a parent or 24 guardian gives a power under a power of attorney; 25 (3) "foster care" means care provided by a person for which a foster 26 home license is required by AS 47.32; 27 (4) "guardian" means a natural person who is legally appointed the 28 guardian of a minor child by the court under this chapter; 29 (5) "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 (6) "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 (7) "parent" includes a stepparent or a grandparent, and a parent who is 15 incarcerated for a criminal conviction, but not a foster parent; 16 (8) "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 25.23.060(c), as amended by sec. 1, ch. 93, SLA 2008, is amended to read: 31 (c) A consent executed under this section is effective as a power of attorney
01 under AS 13.26.023 [AS 13.26.020]. Unless the consent form provides otherwise, and 02 regardless of whether the form names or identifies the adoptive parent, the consent 03 delegates to the adoptive parent all powers that may be delegated under AS 13.26.023 04 [AS 13.26.020]. The power of attorney takes effect when the child is delivered to the 05 adoptive parent, and remains in effect as long as the consent is in effect; but the power 06 of attorney is not effective beyond one year, unless the court extends it for good cause. 07 The power of attorney does not terminate on the death or disability of the person 08 executing the consent, unless the consent form so states. This subsection may not be 09 construed to alter the requirements of AS 47.70 (the Interstate Compact for the 10 Placement of Children). 11 * Sec. 5. AS 47.10.086(a) is amended to read: 12 (a) Except as provided in (b), (c), and (g) of this section, the department shall 13 make timely, reasonable efforts to provide family support services to the child and to 14 the parents or guardian of the child that are designed to prevent out-of-home 15 placement of the child or to enable the safe return of the child to the family home, 16 when appropriate, if the child is in an out-of-home placement. The department's duty 17 to make reasonable efforts under this subsection includes the duty to 18 (1) identify family support services that will assist the parent or 19 guardian in remedying the conduct or conditions in the home that made the child a 20 child in need of aid; 21 (2) actively offer the parent or guardian, and refer the parent or 22 guardian to, the services identified under (1) of this subsection; the department shall 23 refer the parent or guardian to, and distribute to the parent or guardian 24 information on, community-based family support services whenever community- 25 based services are available and desired by the parent or guardian; the information 26 may include the use of a power of attorney under AS 13.26.023 to select an 27 individual to care for the child temporarily; and 28 (3) document the department's actions that are taken under (1) and (2) 29 of this subsection. 30 * Sec. 6. AS 47.32.020(a) is amended to read: 31 (a) An entity may not operate a facility described in AS 47.32.010(b) without
01 first obtaining a license under this chapter unless the entity is exempt under 02 regulations adopted under AS 47.32.030 or is exempt under (c) of this section. 03 * Sec. 7. AS 47.32.020 is amended by adding a new subsection to read: 04 (c) If a nonprofit organization operates a program that assists parents to find 05 temporary care for a child, the nonprofit organization is exempt from the licensing and 06 other requirements of this chapter when operating the program. 07 * Sec. 8. Section 4 of this Act takes effect on the effective date of sec. 1, ch. 93, SLA 2008.