SENATE BILL NO. 1034

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Daily Data Tracking History



S1034...................................................by JUDICIARY AND RULES
MINORS - TEMPORARY CARE - Amends existing law to revise the procedures for
temporary care and custody of a minor or ward by another person.
                                                                        
01/27    Senate intro - 1st rdg - to printing
01/28    Rpt prt - to Jud
02/06    Rpt out - rec d/p - to 2nd rdg
02/07    2nd rdg - to 3rd rdg
02/11    3rd rdg - PASSED - 35-0-0
      AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw,
      Calabretta, Cameron, Compton, Darrington, Davis, Gannon, Geddes, Goedde,
      Hill, Ingram, Kennedy, Keough, Little, Lodge, Malepeai, Marley,
      McKenzie, McWilliams, Noble, Noh, Pearce, Richardson, Schroeder,
      Sorensen, Stegner, Stennett, Sweet, Werk, Williams
      NAYS -- None
      Absent and excused -- None
    Floor Sponsor - Davis
    Title apvd - to House
02/12    House intro - 1st rdg - to Jud
02/28    Rpt out - rec d/p - to 2nd rdg
03/03    2nd rdg - to 3rd rdg
03/04    3rd rdg - PASSED - 66-0-4
      AYES -- Andersen, Barraclough, Bauer, Bedke, Bell, Bieter, Black, Block,
      Boe, Bolz, Campbell, Cannon, Collins, Crow, Cuddy, Deal, Denney,
      Douglas, Eberle, Edmunson, Ellsworth, Eskridge, Field(18), Field(23),
      Gagner, Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg, Kulczyk,
      Lake, Langford, Langhorst, Martinez, McGeachin, McKague, Meyer, Miller,
      Mitchell, Moyle, Naccarato, Nielsen, Raybould, Ridinger, Ring, Ringo,
      Roberts, Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley,
      Skippen, Smith(30), Smith(24), Smylie, nodgrass, Stevenson, Tilman,
      Trail, Wills, Mr. Speaker
      NAYS -- None
      Absent and excused -- Barrett, Bradford, Clark, Wood
    Floor Sponsors - Edmunson & Harwood
    Title apvd - to Senate
03/05    To enrol
03/06    Rpt enrol - Pres signed
03/07    Sp signed
03/10    To Governor
03/13    Governor signed
         Session Law Chapter 64
         Effective: 07/01/03

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1034
                                                                        
                              BY JUDICIARY AND RULES COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO DELEGATION OF POWERS BY A PARENT  OR  GUARDIAN;  AMENDING  SECTION
  3        15-5-104, IDAHO CODE, TO PROVIDE THAT WHEN A PARENT OR GUARDIAN OF A MINOR
  4        OR  WARD DELEGATES TO ANOTHER PERSON POWERS REGARDING THE CARE, CUSTODY OR
  5        PROPERTY OF THE MINOR OR WARD, THE DELEGATION MAY INCLUDE POWERS FOR MEDI-
  6        CAL CARE AND EDUCATIONAL CARE OF THE MINOR OR WARD AND THAT IF THE DELEGA-
  7        TION RELATES TO A MINOR AND IS TO A GRANDPARENT OR SIBLING OF  THE  MINOR,
  8        OR  SIBLING  OF  EITHER  PARENT OF THE MINOR, THAT THE DELEGATION STAYS IN
  9        EFFECT UNTIL THE TIME PERIOD OR DATE OR CONDITION FOR AUTOMATIC EXPIRATION
 10        OF THE POWER, TO PROVIDE THAT IF THE  POWER  DOES  NOT  CONTAIN  ANY  TIME
 11        PERIOD  OR DATE OR CONDITION FOR AUTOMATIC EXPIRATION, IT IS IN EFFECT FOR
 12        THREE YEARS,  TO PROVIDE THAT THE POWER MAY BE REVOKED IN  WRITING  DELIV-
 13        ERED  TO  THE  GRANDPARENT  OR SIBLING, TO PROVIDE THAT THE POWER DOES NOT
 14        NEED TO BE NOTARIZED OR RECORDED TO BE VALID, BUT THAT  IF  THE  POWER  IS
 15        RECORDED,  THE  REVOCATION OF THE POWER MUST ALSO BE RECORDED TO BE EFFEC-
 16        TIVE AND TO PROVIDE TECHNICAL CORRECTIONS.
                                                                        
 17    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 18        SECTION 1.  That Section 15-5-104, Idaho Code, be, and the same is  hereby
 19    amended to read as follows:
                                                                        
 20        15-5-104.  DELEGATION  OF  POWERS  BY  PARENT  OR  GUARDIAN. A parent or a
 21    guardian of a minor or incapacitated person, by a properly executed  power  of
 22    attorney,  may  delegate to another person, for a period not exceeding six (6)
 23    months, or in the case of military personnel serving  beyond  the  territorial
 24    limits of the United States for a period not exceeding twelve (12) months, any
 25    of  his the parent's or guardian's powers regarding care, custody, or property
 26    of the minor child or ward including, but not limited to, powers  for  medical
 27    care  and  educational  care  of the minor or ward, except his the parent's or
 28    guardian's power to consent to marriage or adoption of a minor  or  ward.  The
 29    delegation  for  a minor to a grandparent of the minor, or to a sibling of the
 30    minor, or to a sibling of either parent of the minor, shall continue in effect
 31    until the time period, or date, or condition set forth in the power of  attor-
 32    ney for automatic expiration of the power of attorney occurs.  If the power of
 33    attorney  does  not provide a time period, or date, or condition for automatic
 34    expiration of the power, the power of attorney shall continue in effect for  a
 35    period of three (3) years. The power may be revoked prior to the expiration of
 36    the  three (3) year period, or prior to the time period, or date, or condition
 37    for automatic expiration, in a writing delivered to the grandparent or sibling
 38    by the delegating parent or guardian. The power of attorney does not  need  to
 39    be  notarized  or recorded to be valid. However, if the power is recorded, any
 40    revocation of the power by a writing must also be recorded before the  revoca-
 41    tion is effective.

Statement of Purpose / Fiscal Impact


                       STATEMENT OF PURPOSE
                                 
                             RS 12672
                                 
Section 15-5-104 was originally enacted in the context of Desert
Storm, in 1991, to provide for a simple method to delegate the
temporary care, custody, and control of a minor or ward to another
person. In the time since its enactment, the statute has expanded
in its use, but without amendment. In addition to being used for
school purposes, where a minor may attend school in a geographical
location away from his parents, the power can also be used when a
family member, having problems with drugs for example, wishes to
have grandparents or other family members care for a minor child
of the family member. In many cases, the child is left with the
grandparents or siblings and the parent disappears, sometimes for
an extended time. The existing statute contains a six month
limitation for standard cases and twelve months for military
personnel serving outside the United States territorial
boundaries. While the six month time period limitation may not
burdensome in school situations, when the grantor of the power is
available to renew the power, it often creates a problem when the
parent disappears and the power cannot be renewed. This bill
addresses that problem by providing that when the grant of power
is for a minor and is granted to a family member (grandparent,
aunt or uncle, or brother or sister of the minor) the power lasts
for three years instead of six months, if the power is otherwise
silent as the expiration of the power. The power can set specific
events or time periods for the termination of the power, which can
be longer or shorter than the three year period. The power does
not have to be notarized or recorded to be valid, but if the power
is recorded, the revocation has to be recorded before it is
effective, for the protection of third parties relying on the
power. The net effect of this change in law will be to avoid
having minor children automatically forced into
guardianship/conservatorship proceedings, or into the foster care
system, when the parent of the minor cannot be easily located
within a short time.

                           FISCAL NOTE
                                 
This bill will have no fiscal impact. It may reduce costs by
avoiding unnecessary use of the foster care system and the court
system.

                  CONTACT:   Robert L. Aidridge
                           1209 North Eighth Street
                           Boise, Idaho 83702-4297
                                                   Telephone:     office: (208) 336-9880 Fax: (208) 336-9882
                                       e-mail: rlaldridge@hotmail.com
         
                  Steve Tobias on, AARP
                           1087 River Street, Suite 100
                           Boise, Idaho 83702
                                                   Telephone:     (208) 342-4545 Fax: (208) 342-2323
                                       e-mail: tpresler@ktlaw.net
         
STATEMENT OF PURPOSE/FISCAL NOTE                        S 103