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SB 0003 - 'Supporting and Strengthening Families Act'; power of attorney from parent to another person; care of minor child; provide for

Tracking Level: Work
Sponsor: Unterman, Renee 45th
Last Action: 3/14/2016 - House Committee Favorably Reported By Substitute
Senate Committee: H&HS
House Committee: Judy
Assigned To:
GovernanceNext Bill
School SafetyNext Bill
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Staff Analysis of the Legislation

SB 3 (Senators Unterman, Shafer, Cowsert, Ligon, Jr., Gooch and others - R)

Supporting and Strengthening Families Act

Amends Chapter 9 of Title 19 by adding a new Article 5 with the following provisions:

The article allows a parent or legal guardian to temporarily delegate to any adult residing in this state caregiving authority regarding their child(ren) for a period not to exceed one year. (Certain military active duty assignments will allow the temporary authority to exceed one year.)

Parents may not execute such a Power of Attorney for the primary purpose of unlawfully enrolling the child in a school so that the child may participate in the academic or interscholastic athletic programs provided by that school. 

This "attorney-in-fact" power of attorney designation may be executed without the currently necessary court proceedings and expense. 

The "attorney-in-fact" under a power of attorney for the care of a child may:

  • Enroll the child in a public school, private school, pre-kindergarten program, or home study program.
  • Make decisions regarding medical, dental, or mental health care for the child.  (They cannot be held liable for such consent or denial if the decision is made in good faith and is exercised in the best interest of the child.)
  • Except where limited by federal law, this Code section, or the wishes of the parent as expressed in the power of attorney, have the same rights, duties, and responsibilities that would otherwise be exercised by the parents. 

The "attorney-in-fact" under a power of attorney for the care of a child MAY NOT:

  • Consent to the marriage or adoption of the child.
  • Consent to the performance or inducement of an abortion on or for the child.
  • Consent to the termination of parental rights to the child.

 


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