Guardianship; Department of Child Services

H.E.A. 1183, P.L. 74
Effective: July 1, 2016

Provides that a delegation of power by a properly executed power of attorney does not subject the parties to any laws, rules, or regulations concerning the licensing or regulation of foster family homes, child placing agencies, or child caring institutions. Prohibits a licensed foster family home from providing supervision to a child who is the subject of a power of attorney while providing overnight or regular and continuous care to a child placed in the foster family home unless the department of child services (department) grants an exception. Allows a parent to delegate the powers for a period longer than 12 months if the parent is on active duty service, except that the term of delegation may not exceed the term of active duty service plus 30 days. Provides that the department may provide information about community service programs that provide respite care, voluntary guardianship, or other support services for families in crisis to the parent or guardian of a child who is the subject of an assessment if the department classifies the assessment as unsubstantiated. Provides that: (1) if the department provides the information to a parent or guardian, the department may not initiate an investigation or assessment or substantiate an assessment of child abuse or neglect based solely on the provision of the information; and (2) the department is not liable for any action arising out of having furnished the information.

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