(1) (a) (I) A parent or guardian of a minor may use the assistance of a temporary care assistance program to identify an approved temporary caregiver to delegate any power regarding care, custody, or property of the minor, except the power to consent to marriage or adoption, by a power of attorney, as described in section 15-14105.
A temporary care assistance program must make diligent efforts to notify any parentor guardian identified by the delegating parent as having parental rights or legal decision-making authority regarding the minor's care.
A parent who is named as a respondent in an open dependency and neglect casemay not use the assistance of a temporary care assistance program, as described in this part 7.
(b) (I) Notwithstanding any other provisions of law, a power of attorney that delegates temporary care responsibility of a minor to an approved temporary caregiver must not exceed six months, except as provided in subsection (1)(b)(II) of this section.
(II) A person who is deployed by or called to active duty in the United States military may exceed the time limit described in subsection (1)(b)(I) of this section; except that the total length of a delegation of power made to an approved temporary caregiver by a person who is deployed by or called to active duty in the United States military must not be longer than the end of the member's deployment or call to active duty, plus thirty days.
The parent or guardian of the minor has the authority to revoke a power of attorneythat delegates temporary care responsibility of a minor to an approved temporary caregiver at any time. Upon expiration or revocation of the power of attorney, the minor must be returned to the custody of the parent or guardian as soon as reasonably possible, but no later than forty-eight hours after such expiration, revocation, or other termination.
A power of attorney that delegates temporary care responsibility of a minor to anapproved temporary caregiver does not:
Change parental rights, legal rights, obligations, or other authority established by anexisting court order and does not deprive a parent or guardian of rights, obligations, or other authority relating to the custody, visitation, or support of a minor;
Constitute child abuse or neglect, as defined in section 19-1-103 (1); or
Result in a child being neglected or dependent, as described in section 19-3-102,unless the parent or guardian fails to make contact, execute a new power of attorney, or retake custody within seventy-two hours after an expired power of attorney, or after the total time limit described in subsection (1)(b) of this section has elapsed.
(2) (a) An approved temporary caregiver shall exercise parental or legal authority on a continuous basis and without compensation for the intended duration of the power of attorney.
(b) (I) A minor subject to the power of attorney that delegates temporary care responsibility of the minor to an approved temporary caregiver is not deemed placed in a foster care home, as defined in section 26-6-102 (14), and the approved temporary caregiver is not deemed to be providing foster care nor be subject to the licensing requirements of foster care.
(II) Nothing in this section disqualifies an approved temporary caregiver from being or becoming a foster care home certified by a county department or private agency pursuant to section 26-6-106.3.
(c) Any period of time during which a minor resides with an approved temporary caregiver pursuant to an unexpired and valid power of attorney is not included in determining whether the minor has resided with the approved temporary caregiver for the minimum period required for a person to be considered a person other than a parent who has had the physical care of a child for the purposes of section 14-10-123.
Source: L. 2019: Entire part added, (HB 19-1142), ch. 265, p. 2506, § 1, effective August 2.