HB 1433 Establishes the Supporting and Strengthening Families Act relating to guardianships and allows a court to include respite care in orders for the management of the estate of a protectee

     Handler: Sater

Current Bill Summary

- Prepared by Senate Research -


SCS/HCS/HB 1433 - This act may be known as the "Supporting and Strengthening Families Act." It provides that during a child protective investigation if the child is at risk for possible removal then the Children's Division shall provide information to the parent about community service programs that provide support services for families in crisis.

Additionally, a parent or legal custodian of a child may delegate to an attorney-in-fact, without compensation, any powers regarding the care and custody of a child for a period not to exceed one year, unless an exception applies as specified in the act. Such delegation does not change parental or legal rights established by a court order or deprive the parent or legal custodian of any rights regarding child custody, visitation, or support.

A parent who intentionally uses a power of attorney to permanently avoid legal responsibility for the care of the child is guilty of violating current law on transferring child custody without a court order. A child subject to the power of attorney shall not be considered placed in foster care and the parties shall not be subject to any licensing regulations for foster care or community care for children.

Community service programs for families in crisis must conduct a background check of an attorney-in-fact and any adult members of his or her household prior to the placement of the child.

An attorney-in-fact must make arrangements to ensure that the child attends classes at an appropriate school based upon the residency requirements of the school, and the child's school shall be notified of the existence of the power of attorney and be provided a copy of the power of attorney. Unless specified otherwise by state or federal law, the delegation of care under the act shall not modify a child's eligibility for the benefits, such as free or reduced lunch, that the child is receiving at the time of the execution of the power of attorney.

This act specifies the information to be included on a form delegating any powers regarding the care and custody of a child under this act.

These provisions are identical to provisions contained in HCS/SS/SCS/SB 801 (2016) and similar to HB 684 (2015).

Finally, the act provides that a court's orders for the management of the estate of a protectee may include respite care.

This provision is identical to a provision in HCS/SB 577 (2016), SS/HCS/HB 1765 (2016), HCS/HB 2332 (2016), and HCS/SS/SCS/SB 698 (2016).

JESSI BAKER


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